RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03118 INDEX CODE:	110.00
COUNSEL:	NONE HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:
Since his discharge he has tried to be a good citizen and have a clean court record. His undesirable discharge has caused great embarrassment to him and his family. He was a good soldier while in the service but was in the wrong place at the wrong time.

In support of his request, the applicant provided a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States, a copy of the State of North Carolina Criminal Record, a copy of his North Carolina Private Protective Services Registered Employee Card, and character references.

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

STATEMENT OF FACTS:
On 24 Jun 48, the applicant contracted his initial enlistment in the Regular Air Force.

He was apprehended by civil authorities for assault with intent to murder without malice on 29 Jun 50. He was tried, convicted and sentenced by a civil court to one to three years of confinement. An appeal was submitted for a rehearing and the appeal was denied on 19 Oct 51.

The discharge authority directed an undesirable discharge under the provisions of AFR 39-22. He was discharged on 30 Nov 51. He served 3 years and 6 months on active duty. He had 150 days of lost time.

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 6 Nov 08, the Board staff forwarded the applicant a copy of the Investigative Report for his review and comment within 30 days.  As of this date no response has been received (Exhibit D).

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. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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-2008-03118 in Executive Session on 15 Jan 09 under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

The following documentary evidence pertaining to AFBCMR Docket BC-2008-03118 was considered:

Exhibit A. DD Form 149, dated 6 Sep 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigative Report.
Exhibit D.  Letter, SAF/MRBC, dated 6 Nov 08, w/atchs.

Panel Chair