RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02182
								INDEX CODE:  106.00, 110.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  January 6, 2009

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APPLICANT REQUESTS THAT:

His characterization of service be upgraded from general under honorable conditions to honorable.

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APPLICANT CONTENDS THAT:

He has completed the time-frame directed by his former squadron commander for successful upgrade of his discharge.

He has served in his community as a firefighter for 10 years and doesn’t have a criminal record, other than minor driving infractions that were taken care of as directed.

He lost paperwork during his move to his home of record and recently was reminded that he could get his discharge upgraded to honorable.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 February 1980 for a period of four years, and served as a security specialist. 

On 3 November 1982, applicant was notified of his commander's intent to recommend him for an under honorable conditions (general) discharge for dishonorable failure to pay just debts, specifically:

a.	Six dishonored check notifications, dated 28 January 1982 (second notification - $22.39), 15 January 1982 (first notification - $22.39), 12 January 1982 ($200.00), 6 January 1982 ($30.00), 12 January 1982 ($115.00), and 25 January 1982 ($50.00)

b.	Letter of Reprimand, dated 29 January 1982, for dishonored checks in the amount of $50.00 and $21.00

c.	Letter of Reprimand, dated 10 March 1982, due to the Forsyth Police Department visiting K.I. Sawyer AFB, specifically his quarters, to collect for two checks he had written with insufficient funds to cover them

d.	Control Roster Action, dated 10 March 1982, due to dishonored checks

e.	Unfavorable Information File action, dated 10 March 1982, due to dishonored checks

f.	26 returned checks, various dates, totaling $1,103.47

Although not noted in the Discharge Notification Letter, dated 3 November 1982, applicant’s records also contain the following documented incidents of misconduct:

g.	Letter of Reprimand, undated, for being in violation of AFR 35-10 in that his moustache needed trimming, he was in need of a shave, and his boots were in bad repair and needed shining

h.	Letter of Counseling, dated 2 December 1981, for violating a verbal order from an NCO and a written order contained on the duty roster

i.	Letter of Counseling, dated 29 January 1982, for failure to bring all his required equipment to duty which resulted in numerous personnel changes to other posts in order to allow him to obtain his equipment

j.	Article 15, dated 10 May 1982, for, on or about 7 May 1982, without authority, failing to go at the time prescribed to his appointed place of duty.  Punishment consisted of reduction to the grade of airman and correctional custody for a period of 30 consecutive days.  Reduction to the grade of airman and correctional custody in excess of 15 consecutive days were suspended until 8 November 1982

The commander advised applicant of his right to consult legal counsel and submit statements in his own behalf, and that his failure to do so would constitute a waiver of his right to do so.  

On 16 November 1982, after consulting with counsel, applicant elected not to submit statements in his own behalf.

A legal review was conducted on 18 November 1982, in which the staff judge advocate recommended applicant be separated with a general discharge characterization, without probation and rehabilitation.  

On 26 November 1982, applicant was discharged in the grade of airman first class (E-3) for misconduct – pattern of dishonorable failure to pay just debts, IAW AFR 39-10, paragraph 5-47d.  He was given an under honorable conditions discharge characterization, and an RE Code of 2B, Separated with a General or UOTHC Discharge, which bars immediate reenlistment.  He served a total of 2 years, 9 months, and 1 day of net active service. 

A resume of applicant's performance reports follows:  

	PERIOD ENDING 				OVERALL EVALUATION

	25 Sep 1982        	 			6
	25 Sep 1981         			6
	25 Feb 1981     				5

Applicant is entitled to wear the Air Force Training Ribbon and the Air Force Outstanding Unit Award.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit C).  

On 17 August 2007, a request for post-service information was forwarded to the applicant for response within 30 days.  However, as of this date, no response has been received by this office.

At the time of the applicant’s discharge, the service characterization received was appropriate under the provisions of the governing regulation in effect at the time.  Attached at Exhibit E is an excerpt from AFI 36-3208, Administrative Separation of Airmen, dated 9 July 2004, which shows the current criteria for determining the characterization of service under similar circumstances.  Additionally, notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears that the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, the applicant has not provided any information concerning his post-service activities and accomplishments for us to conclude that he has overcome the behavioral traits which caused the discharge, and we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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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 Docket Number BC-2007-02182 in Executive Session on 10 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, US DOJ FBI, dated 25 Jul 07.
    Exhibit D.  Letter, AFBCMR, dated 17 Aug 07, w/atch.
    Exhibit E.  AFI 36-3208 Extract, dated 9 Jul04.