RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2010-00974

COUNSEL: NO

HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His discharge be changed from Under Other Than Honorable Conditions (UOTHC) to a General, Under Honorable Conditions (UHC).

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the master personnel record of the applicant and can be reviewed at Exhibit B.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, stated they were unable to identify an arrest record on the basis of information furnished (Exhibit C).

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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 timely filed.

3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. The evidence of record has not been adequately rebutted by applicant, nor has it been shown that the applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied. Further, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented sufficient for us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the applicant’s request that his discharge be upgraded.

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(s) 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-2010-00974 in Executive Session on 5 January 2011, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 4 Feb 10, w/atchs.

Exhibit B. Applicant's Master Personnel Records.