RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02258
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

His discharge should have been due to medical reasons; he has a heart murmur and was not given a chance by the Air Force.  He has lived an honorable life and would like this blemish removed.

In support of his request, the applicant has provided two cardiology reports.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

His DD Form 214 reflects that he served 6 months and 23 days in the Regular Air Force in the grade Airman Basic (E-1).  On      12 April 1955, he received an undesirable discharge for having unclean habits and repeatedly committing offenses.  

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

On 28 August 2008, a request for information pertaining to his post-service activities was forwarded to the applicant for response within 30 days.  

On 3 September 2008, he responded with a personal statement stating that he would have been able to make a better living if he had an honorable discharge.  His complete submission is 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.

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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-2008-02258 in Executive Session on 24 September 2008, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02258 was considered:

    Exhibit A.  DD Form 149, dated 11 June 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, FBI Investigative Report
    Exhibit D.  Letter, AFBCMR, dated 28 August 2008, w/atchs.
    Exhibit E.  Letter, Applicant, dated 3 September 2008.

                                   
                                   Panel Chair