RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01584
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

When he was in the Air Force he did not project a good image.  He was a good airman when it came to his job performance, but his personal life was a different matter.  He was the second highest graduate in his Non-Commissioned Officer (NCO) Professional Military Education (PME) class.  He believes had he been given the opportunity to finish his term of enlistment he would have attained the rank of sergeant.

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

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STATEMENT OF FACTS:

On 21 June 1983, the applicant enlisted in the Regular Air Force in the grade of airman basic for a period of four (4) years.

On 24 May 1985, the applicant was notified of his commander’s intent to impose nonjudicial punishment upon him for the following:  

		In that he did at ----- Air Force Base, on or about 19 May 1985, without authority fail to go at the time prescribed to his appointed place of duty, to wit:  Bldg 18002.

		In that he did at ----- Air Force Base, on or about 20 May 1985, without authority fail to go at the time prescribed to his appointed place of duty, to wit:  Bldg 18002.

		In that he was at ----- Air Force Base, on or about 20 May 1985, as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties.

After consulting with counsel, the applicant waived his right to a trial by court-martial, did not submit a written presentation in his behalf; however, he requested a personal appearance.

On 31 May 1985, he was found guilty by his commander who imposed the following punishment: Reduction to the grade of airman (from airman first class), 30 days correctional custody, forfeiture of $100.00 pay per month for two months.  The execution of the portion of the punishment, which provided for reduction, was suspended until 27 November 1985, at which time, unless the suspension was sooner vacated, it would be remitted without further action.

The applicant did not appeal the punishment.  The Article 15 was filed in his Unfavorable Information File (UIF).

On 25 June 1985, AF Form 3212, Record of Supplementary Action under Article 15, Uniform Code of Military Justice (UCMJ) indicates remission of correctional custody in excess of 25 days.

On 9 September 1986, the applicant was notified of his commander’s intent to impose nonjudicial punishment upon him for the following:  he did, at ----- Air Force Base, on or about 14 August 1986, make and utter to the Officer’s Open Mess, a certain check, in words and figures as follows, to wit:  Check number 145, in the amount of $16.75, for the purpose of obtaining food from the Officer’s Open Mess, and did thereafter dishonorably fail to maintain sufficient funds in the Wachovia Bank and Trust Company, for payment of such check in full upon its presentment for payment.

After consulting with counsel, the applicant waived his right to a trial by court-martial, submitted a written presentation, and requested a personal appearance.

On 24 September 1986, he was found guilty by his commander who imposed the following punishment: Reduction to the grade of airman first class (from senior airman) and 30 days correctional custody; however, reduction to airman first class was suspended until 19 March 1987 and then would be remitted unless sooner vacated.

The applicant did not appeal the punishment.  The Article 15 was filed in his Unfavorable Information File (UIF).

On 9 October 1986, the applicant was notified of his commander's intent to initiate discharge action against him for Irresponsibility in the Management of Personal Finances and Minor Disciplinary Infractions and recommended a general discharge.  The commander indicated the following reasons for the recommended action:

	  a. During December 1984, he wrote numerous bad checks to various businesses and persons, in violation of Article 134, UCMJ.  For this he received a Letter of Reprimand (LOR).

	  b. On 25 April 1985, a check he issued to the base NCO Club was dishonored by his bank because he failed to maintain sufficient funds in his account, in violation of Article 134, UCMJ.  For this he received an LOR.

	  c. Article 15 action dated 31 May 1986.

	  d. From 2 May through 8 July 1986, he wrote seven bad checks to the base facilities the sum of which was $165.40, in violation of Article 134, UCMJ.  For this he received an LOR.

	  e. On 15 August 1986, he was 90 days delinquent in paying his NCO club account.  For this he received an LOR.

	  f. On 12 September 1986, the applicant’s NCO club account was $551.25 overdue.

	  g. Article 15 action dated 24 September 1986.

The commander advised the applicant of his right to consult legal counsel and that military counsel had been obtained, to submit statements in his own behalf, or waive his rights after consulting with counsel.

In his recommendation for discharge, the commander indicated that before recommending discharge, several attempts at rehabilitation were made and instead of reducing his debts, the applicant increased them.

On 23 October 1986, after consulting with counsel, the applicant waived his right to submit statements in his own behalf.

On 24 October 1986, the Acting Staff Judge Advocate recommended the applicant be discharged under the provisions of AFR 39-10, Chapter 5, Section E, paragraph 5-26d and Section H, paragraph 5-46, without probation and rehabilitation, and he be issued a general discharge.

On 24 October 1986, the discharge authority approved the applicant’s discharge.

On 27 October 1986, the applicant was discharged in the grade of senior airman.  He received a general (under honorable conditions) discharge under the provisions of AFR 39-10 (Misconduct - Pattern of Minor Disciplinary Infractions).  He served three years, four months, and seven days of total active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an Investigative Report, which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated based on the documentation on file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his character of service.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 June 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

On 23 June 2004, the Board staff requested the applicant provide post-service documentation within 14 days (Exhibit F) and on 8 July 2004, the Board provided the applicant the opportunity to respond to the FBI report within 14 days (Exhibit G).  The applicant provided a response, with attachments, which is at Exhibit H.

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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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant has failed to demonstrate the commander exceeded his authority or the reason for the discharge was inaccurate or unwarranted.  The Board believes responsible officials applied appropriate standards in effecting the separation, and the Board does not find persuasive evidence that pertinent regulations were violated or the applicant was not afforded all the rights to which entitled at the time of discharge.

4.	Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation the discharge be upgraded on that basis.  The letters submitted in behalf of the applicant are noted; however, in the Board’s opinion the applicant has not provided sufficient information concerning his post-service activities and accomplishments.  Further, it appears according to his FBI Report he has had further incidents of misconduct since his discharge.  Therefore, 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 an error or an 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-2004-01584 in Executive Session on 19 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 May 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 3 June 2004.
   Exhibit E.  Letter, SAF/MRBR, dated 11 June 2004.
   Exhibit F.  Letter, AFBCMR, dated 23 June 2004, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 8 July 2004, w/atch.
   Exhibit H.  Letter, Applicant, dated 9 July 2004, w/atchs.