RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02206
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was discharged without a Letter of Reprimand (LOR), Court Martial, or Article 15.  He was not given a reason for being released.  His complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

On 11 September 1985, the applicant was notified by his commander that he was recommending that he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-46.  The specific reasons for this action were for making several derogatory comments about his commander and first sergeant, for making comments in his duty section with racial overtones, for dereliction in the performance of his duties, for leaving his duty section without permission, for misconduct which disrupted the mission of the duty section and had an adverse effect on his supervisors and co-workers, for which he received a letter of reprimand (LOR) with an unfavorable information file (UIF); for being disrespectful and insubordinate towards his supervisor and co-workers, for failure to keep two scheduled appointments, and for failure to report for dormitory guard duty which was a violation of Article 86 of the Uniformed Code of Military Justice (UCMJ) for which he received an LOR.  

The applicant was advised of his rights in this matter and acknowledged receipt of the notification on that same date.  Applicant consulted counsel and elected to waive his right to an administrative discharge board hearing and waived his right to submit matters on his own behalf.  

After a legal review of the case file, the wing staff judge advocate found the case legally sufficient.  On 30 September 1985, the applicant was discharged with a general discharge.  He served 11 months on active duty.

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 22 July 2008, a copy of the FBI report was forwarded to the applicant for review and comment within    30 days.  

On 22 July 2008, a request for information pertaining to his post-service activities was forwarded to the applicant for response within 30 days.  In response to our request, applicant provided post-service information, which is attached at    Exhibit D.

Applicant reviewed the FBI report and states he was never arrested; however, he pled no contest to using offensive words in a public place and paid a fine to get the incident behind him.  

He requests clemency in order for his general discharge to be upgraded to honorable.  The applicant provided two personal statements; and two character references, which are attached at Exhibit E.

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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 his 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.

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 involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2008-02206 in Executive Session on 16 September 2008, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 June 2008.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report.
    Exhibit D.  Letter, AFBCMR, dated 22 July 2008, w/atch.
    Exhibit E.  Letter, Applicant, dated 28 July 2008, w/atchs.

                                   
                                   Panel Chair