RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04215
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature. He has learned from his mistakes and would like
his discharge upgraded to receive benefits.
The evidence submitted in support of the appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to the applicant’s discharge are contained in
the Discharge Notification letter at Exhibit B. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
Pursuant to the Board’s request, the FBI provided a copy of an
Investigative Report pertaining to the applicant (Exhibit C).
On 31 Jan 11, a copy of the Investigative Report was forwarded to the
applicant along with a request for post-service documentation for review
and comment within 30 days (Exhibit D).
The applicant states he is not proud of the decisions he made in the past
and regrets them to this day. He was a good soldier, he received the Good
Conduct medal, graduated with honors from technical training and enjoyed
his job.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant’s
complete submission in judging the merits of this case; however, we find no
evidence or an error or injustice that occurred in the discharge process.
It appears the applicant’s discharge was consistent with the substantive
requirements of the discharge regulation in effect at the time, and within
the commander’s discretionary authority. No evidence has been presented to
indicate otherwise. We considered upgrading the discharge based on
clemency; however, we do not find the evidence presented is sufficient for
us to recommend granting relief upon this basis. Therefore, in the absence
of evidence to the contrary, we find no basis to recommend favorable
consideration of the application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2010-
04215 in Executive Session on 5 Apr 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2010-04215 was considered:
Exhibit A. DD Form 149, dated 5 Nov 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated, 31 Jan 11, w/atch.
Exhibit E. Letter, Applicant, dated 28 Feb 11.
Panel Chair
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