RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03554 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was being threatened by gang members because of his teenage wife. His first sergeant was trying to get him into the Threatened Airman Program but he was instead discharged. He was attacked in the hospital. He would like to enlist in the Air National Guard or go back on active duty. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 14 Aug 87. He served for a period of 1 year, 7 months, and 4 days. On 3 Jun 88, the applicant received a Record of Individual Counseling (RIC) for failing to follow orders. On 18 Aug 88, the applicant was counseled on his financial responsibilities. On 19 Aug 88, the applicant received a RIC for being late to work, out of uniform, and not coordinating appointments with his supervisor. On 1 Dec 88, the applicant received a RIC for sending out 25 personal letters using government envelopes, paper, and sending them through the Base Information Transfer Center (BITC) for mailing. He was required to pay $12.50 to cover the government costs. On 11 Jan 89, the applicant received a RIC for failing to inform his supervisor of his whereabouts after a dental appointment. On 20 Jan 89, the applicant received a RIC for a dishonored check to the Base Exchange in the amount of $30. He advised superiors that another check for $25 would also be coming due because of a miscommunication between himself and his wife. The applicant was counseled on his financial responsibilities. On 2 Mar 89, the applicant’s first sergeant made a memo for record (MFR) stating she had received phone calls indicating the applicant owed a local dealership $700 for a truck and that he had not made payments since Nov 88. In addition, a previous roommate of the applicant informed the first sergeant that the applicant had made $35 worth of long distance calls on his phone and still owed him money from previous calls. On 8 Mar 89, the acting first sergeant added an addendum to the first sergeant’s MFR indicating she had received phone calls from a dealership stating the applicant signed a contract on 7 Jan 89 for an Isuzu car and that he owed $700 which was due to be paid no later than 15 Jan 89. In addition, the acting first sergeant was informed the applicant had not been back to the dealership nor returned any of their phone calls. On 6 Mar 89, the applicant was notified of pending discharge actions. He consulted counsel and submitted statements in his own behalf on 9 Mar 89. On 7 Mar 89, the applicant discussed his pending discharge with the XXX OSW/IG. He was informed that he needed to file an appeal to his proposed discharge in accordance with applicable regulations and that no further IG intervention was necessary at that time. On 13 Mar 89, the staff judge advocate found the case legally sufficient for discharge. On 17 Mar 89, the discharge authority directed that the applicant be discharged with a general (under honorable conditions) discharge without probation and rehabilitation. The applicant was discharged with a general (under honorable conditions) discharge on 20 Mar 89. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, 55555VA8, which is at Exhibit C. On 17 Dec 07, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. On 17 Dec 07, a request for post-service information was forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office. Additionally, notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined. ________________________________________________________________ _ 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. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered Docket Number BC- 2007-03554 in Executive Session on 20 February 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered Docket Number BC-2007-03554: Exhibit A. DD Form 149, dated 19 Oct 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. AFBCMR Letter, w/atchs, dated 17 Dec 07.