RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03155
		INDEX CODE:  106.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and made an error in judgment but served honorably and proudly during the two years he served and had this not occurred, he would have made a career in the Reserve.  

Applicant’s complete submission is attached.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military record is not available; therefore, the facts surrounding his separation cannot be verified.

_________________________________________________________________

AIR FORCE EVALUATION:

This application is being considered without an advisory.  

_________________________________________________________________

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.  While the applicant contends he received a general discharge sometime during July 1986, he has provided no evidence to show how or when he was discharged.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge was proper and in compliance with appropriate directives

4.	We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  No evidence of any kind was presented relating to any post-service activities and deeds the decedent may have accomplished after his discharge and prior to his death.  Based on the evidence of record, we cannot conclude that clemency is warranted.  The applicant has not provided sufficient information of the post-service activities of her deceased spouse and his accomplishments for us to conclude that the decedent overcame the behavioral traits which led to his discharge.  Should the applicant provide statements from community leaders and acquaintances attesting to her deceased husbands good character and reputation and other evidence of successful post-service rehabilitation, this Board will reconsider this case based on the new evidence.  Therefore, based on the evidence presented, we do not recommend approval.

_________________________________________________________________

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-2008-03155 in Executive Session on 3 December 2009, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit: DD Form 149, dated 25 Aug 08.

                                   
                                   Panel Chair