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AF | BCMR | CY2011 | BC-2011-00134
Original file (BC-2011-00134.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2011-00134

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His under  honorable  conditions  (general)  discharge  be  upgraded  to
honorable.

2.  His reentry (RE) code of 2B (Separated with a  general  or  under  other
than honorable conditions (UOTHC) discharge) be  changed  to  allow  him  to
reenter military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the record is unjust because there is nothing derogatory in  his
records to warrant the poor discharge and RE code he received.

The evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s DD Form 214,  Certificate  of  Release  or  Discharge  from
Active Duty, reflects the applicant served on active  duty  from  16 May 88
through 31 Aug 89, and  received  a  general  discharge  for  misconduct  –
pattern of minor disciplinary infractions.

Pursuant  to  the  Board’s  request,  the  FBI  provided  a   copy   of   an
Investigative Report pertaining to the applicant (Exhibit  C).   On  24  Mar
11, the applicant was provided a copy of  the  Investigative  Report,  along
with a request for documentation concerning  his  activities  since  leaving
military service (Exhibit D).  In response for  post-service  documentation,
the applicant provided a statement and four  character  references  (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.  Based upon the presumption  of  regularity
in  the  conduct  of  governmental  affairs  and  without  evidence  to  the
contrary, we must  assume  the  applicant's  discharge  was  proper  and  in
compliance with appropriate directives.   Therefore, based on the  available
evidence of record, we find no basis upon which to favorably  consider  this
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-2011-
00134 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 20 Dec 10, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFBCMR, dated 24 Mar 11, w/atchs.
    Exhibit E.  Letter, Applicant, undated, w/atchs.




                                   Panel Chair


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