RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02602
					INDEX CODE:  110.00

	APPLICANT		COUNSEL: None

	SSN				HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to an honorable or general discharge.
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APPLICANT CONTENDS THAT:

His unfavorable discharge was due to his inability to manage his finances properly and his consistent irresponsibility.  He notes his work performance while in the Air Force was above average if not excellent.  He states since leaving the Air Force his lifestyle has change dramatically.  He has worked for Southern Illinois University in the payroll department where he was responsible for the paying the federal and state taxes for the university payroll accounts.  He also worked as an Administrative Assistant for his church and he has been for the last six years employed with the Joyce Meyer Ministries as the manager of the Data Entry Department.  He has been married for six years and has resided in Missouri for five years.  He further states that he has paid for his mistakes of his past and has had the experience of regret due to his unfavorable discharge on several personal occasions.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 February 1985 for a period of four (4) years as an airman basic.

The applicant, between 18 February through 25 February 1989, did with intent to defraud, uttered nine bad checks to the Hickam AFB Base Exchange and Commissary in the total amount $1097.38.

On or about 28 February 1989, the applicant with the intent to defraud, uttered a bad check to the Accounting Finance Officer, Osan AFB, in the amount of $500.

The applicant between 26 February and 14 March 1989, with the intent to defraud, uttered fourteen bad checks to the Travis AFB Enlisted Club and the Homestead AFB Base Exchange in the amount of $2,055.60.

On divers occasions between 24 July 1989 and 7 August 1989, the applicant stole $36.00 in U.S. currency.

On 8 November 1988, the applicant failed to pay a debt.

Applicant’s overall ratings on his APRs were 8, 9.

The applicant was tried by general court-martial on 5 December 1989.  He elected trial before a military judge sitting alone.  The military judge found him guilty in accordance with his pleas and sentenced him to receive a bad conduct discharge, confinement for 12 months and a reduction in rank to E-1.

On 17 January 1990, the convening authority approved the sentence.  The Air Force Court of Criminal Review affirmed the findings of guilty and the sentence on 5 March 1990.  The United States Court of Military Review denied the applicant’s petition for review on 10 August 1990.  The applicant’s bad conduct discharge was executed on 5 October 1990.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFLSA/JAJM states the sentence the applicant received was well within the legal limits and the bad conduct discharge was appropriate for the offenses committed.  The findings of guilty and the sentence and bad conduct discharge were affirmed upon appellate review.  They further state that although clemency is an option there is no reason for the Board to exercise it.  The applicant did not serve honorably and reaped the consequences of his criminal behavior.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report were forwarded to the applicant on 27 November 2002 and 27 January 2003, respectively, for review and response.  As of this date, no response has been received by this office.  

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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 of timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record, we find no impropriety in the characterization of the applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the member was not afforded all the rights to which entitled at the time of his discharge.  Therefore, based on the evidence of record, we find no basis upon which to favorably consider this application.

4.	Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation that the discharge be upgraded on that basis.  Applicant has not provided information on his post-service activities and accomplishments after being provided an opportunity to present such information to the Board.  Therefore, based on the evidence of record, we cannot conclude that clemency is warranted.  Should applicant provide statements from community leaders and acquaintances attesting to his good character and reputation and other evidence of successful post-service rehabilitation, this Board would be willing to review this information for possible reconsideration of this case.  However, we cannot recommend approval based on the current evidence of record.

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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 02-02602 in Executive Session on 11 March 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Aug 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFLSA/JAJM, dated 14 Nov 02.
   Exhibit E.  Letter, SAF/MRBR, dated 27 Nov 02.
   Exhibit F.  Letter, AFBCMR, dated 27 Jan 03.