RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03697
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to general or honorable.
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APPLICANT CONTENDS THAT:

He is an academy graduate.  He was charged with being Absent Without Leave (AWOL), however, he was on orders.

No supporting documents.  

The applicant’s complete submission is at Exhibit A.
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STATEMENT OF FACTS:

In Oct 86, charges of AWOL, failure to go to an appointed place of duty, making a false official statement, and conduct unbecoming an officer and a gentleman by making another false official statement were preferred.  An Article 32, UCMJ, investigation was conducted and resulted in a recommendation for trial by general court-martial.

On 14 Jan 87, the applicant tendered his voluntary resignation for the good of the service under AFR 36-12, Chapter 2, Section D and table 2-8, rule 1.  His eligibility was based on allegations of misconduct that rendered him triable by court-martial.  On 8 Apr 87, the applicant was discharged with an under other than honorable conditions discharge.  He was credited with 5 years 3 months and 21 days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C.  On 18 Jan 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days, as of this date, no response has been received by this office.

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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 the case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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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.

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The following members of the Board considered this application in Executive Session on 20 March 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR BC-2007-03697:

	Exhibit A.  DD Form 149, dated 30 Oct 07.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  FBI Report.
	Exhibit D.  Letters, AFBCMR, dated 18 Jan 08 w/atch.