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AF | BCMR | CY2011 | BC-2010-04494
Original file (BC-2010-04494.doc) Auto-classification: Denied

                            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

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