RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01472
		INDEX CODE:  110.02
	xxxxxxxxxxxx	COUNSEL:  None
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 12 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He regrets his financial irresponsibility while serving with the Air Force.  He would like to count himself among the honorably discharged veterans.  He does not dispute the reason for his discharge; however, he has worked diligently to correct the defects in his character that led to his discharge.   

Applicant submits no supporting documentation.  The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 11 December 1985, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  He was progressively promoted to the grade of airman first class (E-3), with a date of rank of 11 April 1987.  He received an Airman Performance Report closing 25 May 1987 in which the overall evaluation was 9 (9 being the highest rating).

On 19 August 1987, the applicant received a letter of counseling for failure to maintain proper control of his checking account which resulted in a $150.00 dishonored check.  

On 21 September 1987, he received a letter of counseling for failure to maintain proper control of his checking account which resulted in a $16.26 dishonored check.  

On 23 October 1987, he received a letter of reprimand with a Unfavorable Information File entry for failure to maintain proper control of his checking account which resulted in $916.62 worth of dishonored checks.  

On 17 November 1987, he received a letter of reprimand for failure to maintain proper control of his checking account which resulted in a $150.00 dishonored check.  

On several occasions in September and October 1987, the applicant failed to maintain sufficient funds in his checking account which resulted in $650.00 in dishonored checks.  For these incidents, punishment under Article 15, Uniform Code of Military Justice (UCMJ) was imposed with a UIF entry.  He received a reduction to the grade of airman basic and was ordered to perform 45 days extra duty.  

The applicant also had several failures on the Weight Management Program.

On 18 March 1987, the applicant’s commander initiated discharge proceedings against him under the provisions of AFR 39-10, paragraphs 5-47(d) for dishonorable failure to pay just debts.  The applicant was notified of his commander’s recommendation and that a general discharge was being recommended.  He was advised of his rights and consulted with counsel and elected to submit statements in his own behalf.  In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that he be discharged from the Air Force with a general discharge without probation and rehabilitation.  On 23 December 1987, the discharge authority directed he be discharged with a general discharge.  He was discharged on 29 December 1987.  He served 2 years and 19 days on active duty. 

Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant.

On 22 August 1990, the Air Force Discharge Review Board considered and denied his request for a discharge upgrade.

On 12 June 2007, the applicant was given the opportunity to submit comments about his post service activities (Exhibit E).  Applicant submits character references and states that he does not excuse his behavior during his Air Force service but unbeknownst to him he suffered from depression due to his strict religious upbringing.  However, once he was properly diagnosed, educated and treated, his life began to come into focus and finally felt he had the ability to control his life.  He has found value in serving others and contributing his time to the betterment of his community.  The applicant’s complete letter, with attachments, is at Exhibit F.  

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AIR FORCE EVALUATION:

None.  The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-10, Administrative Separation of Airmen, paragraph 5-47d (Pattern of Misconduct – Dishonorable Failure to Pay Just Debts) nor has he shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  

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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 error or injustice.  After careful consideration of the applicant’s request, we have seen no evidence indicating the applicant was improperly discharged or that an upgrade of the approved service characterization based on the evidence presented is warranted.  It appears that responsible officials applied appropriate standards in effecting the separation, and the applicant has not provided persuasive evidence demonstrating that pertinent regulations were violated, he was not afforded all the rights to which entitled at the time of discharge or that his superiors abused their discretionary authority.  We have noted the information provided by the applicant related to his post service activities and considered upgrading his discharge based on clemency.  However, the applicant did not provide sufficient information pertaining to his post-service activities and accomplishments to conclude that he has overcome the behavioral traits which caused the discharge.  Therefore, the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice. Therefore, we find no basis upon which to favorably consider this application. 

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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 this application in Executive Session on 12 July 2007, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to Docket Number BC-2007-01472 was considered:

	Exhibit A.  DD Form 149, dated 3 May 07.
	Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  FBI Investigative Report, No. 1845, 
				 dated 24 May 07.
	Exhibit D.  Excerpt of AFR 39-10, dated 1 Oct 84.
	Exhibit E.  Letter, AFBCMR, dated 12 Jun 07, w/atch.
	Exhibit F.  Letter, Applicant, undated, w/atchs.