RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04494
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He needs his discharge upgraded in order to apply for benefits through the
Department of Veterans Affairs (DVA).
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.
_________________________________________________________________
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 probable 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, the applicant has provided no
evidence concerning his post-service activities to warrant consideration
upon this basis. Therefore, in the absence of evidence to the contrary, we
find no basis to recommend favorable consideration of the application.
_________________________________________________________________
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-
04494 in Executive Session on 23 Jun 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Dec 10.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
AF | BCMR | CY2011 | BC-2010-04215
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). 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. Exhibit B.
AF | BCMR | CY2011 | BC-2010-04559
Exhibit B. Applicant's Master Personnel Records Exhibit C. FBI Investigative Report. Exhibit D. Letter, AFBCMR, dated 29 Dec 10, w/atchs.
AF | BCMR | CY2011 | BC-2010-03654
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. Exhibit B. Exhibit D. Letter, AFBCMR, dated 29 Dec 10, w/atchs.
AF | BCMR | CY2011 | BC-2010-03038
The relevant facts pertaining to the applicant’s discharge are contained in the Discharge Notification Letter at Exhibit B. 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. Exhibit D. Letter, AFBCMR, dated 27 Oct 10, w/atch.
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