RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01974 INDEX CODE:	110.02
XXXXXXXXXXXXXXXXXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an honorable discharge.

APPLICANT CONTENDS THAT:
He is older now and more responsible.	If he were in the Air Force now, the incident would have never happened.

In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

STATEMENT OF FACTS:
On 16 November 1989, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1). He was progressively promoted to the grade of senior airman (E-4).

The applicant received five Letters of Reprimand (LOR) and an Article 15 between 4 December 1992 and 13 September 1993 for financial irresponsibility. The punishment he received for his Article 15 was reduction to the grade of airman first class with a new date of rank of 11 February 1993, and 45 days extra duty.

On 14 September 1993, his commander notified the applicant of his intent to recommend him for a general discharge for a pattern of misconduct (dishonorable failure to pay just debts) under the authority of Air Force Regulation (AFR) 39-10, paragraph 5-47d. The applicant acknowledged receipt of the notification, consulted counsel, and submitted a statement in his own behalf.   On
22 September 1993, the Staff Judge Advocate found the case to be legally sufficient.

On 22 September 1993, the discharge authority approved the applicant’s discharge for misconduct (dishonorable failure to pay just debts) under the authority of AFR 39-10, Chapter 5, Section

H, paragraph 5-47d, and directed he be issued a general (under honorable conditions) discharge without probation and rehabilitation (P&R).

On 7 October 1993, the applicant was released from active duty with a general (under honorable conditions) discharge with a narrative  reason  for separation of misconduct.   He served
3 years, 10 months and 22 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant. On 8 July 2008, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office.

On 8 July 2008, the applicant was given the opportunity to submit comments about his post service activities (Exhibit D). As of this date, this office has received no response.

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 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 this application in Executive Session on 19 August 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-01974:

Exhibit A.	DD Form 149, dated 29 Nov 07, w/atch. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFBCMR, dated 8 Jul 08, w/FBI Report. Exhibit D.	Letter, AFBCMR, dated 8 Jul 08, w/atch.