RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02842
		INDEX CODE:  110.02
	XXXXXXXXXXX	COUNSEL:  None
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 11 MARCH 2009

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since her discharge, she has obtained a degree.  

In support of her request, applicant provides a copy of her DD Form 214. 

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her initial enlistment in the Regular Air Force on 4 March 1992.  

From 1 November 1992 to 23 January 1993, the applicant wrote 29 checks, of which 20 were returned for insufficient funds.  For these incidents, she received a Letter of Reprimand (LOR) and was placed on the Control Roster.  

On 9 December 1992, the applicant wrote a check in the amount of $150.00 in payment of a debt and failed to maintain sufficient funds for the payment of said check.  For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ), was imposed.  She was reduced to the grade of airman basic and restricted to the limits of the base for 14 days.

On 10 December 1992, the applicant failed to redeem a bad check as previously agreed to do.  For this incident, she received an LOR.  

On 29 March 1993, the applicant was notified by her commander of his intent to discharge her for Pattern of Misconduct – Dishonorable Failure to Pay Just Debts.  She was advised of her rights in this matter and acknowledged receipt on that same date.  Applicant elected not to submit statements in her behalf.  In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended she be discharged from the Air Force with a general discharge.  On 7 April 1993, the discharge authority directed she be discharged with a general discharge without probation and rehabilitation.  Applicant was credited with 1 year, 1 month and 9 days of active service. On this same date, the applicant was ordered not to reenter or be found within the limits of the base for a period of three years.  

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.

_________________________________________________________________

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 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, 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.  

_________________________________________________________________

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 and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2007-02842 in Executive Session on 30 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02842 was considered:

    Exhibit A.  DD Form 149, dated 13 August 2007 w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Negative FBI Investigative Report, dated 
                21 September 07.
    Exhibit D.  Excerpt, AFI 36-3208, dated 9 July 2004.