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AF | BCMR | CY2011 | BC-2010-04215
Original file (BC-2010-04215.doc) Auto-classification: Denied

                            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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