RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04725

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He served honorably for 13 years prior to his discharge.  The incident was not an accurate indication of his military service.  He feels that an upgrade is warranted and long overdue.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 27 February 1984.

On 27 June 1997, the applicant’s commander notified him that he was recommending him for discharge.  The specific reasons for this action was for failing to go to his prescribed place of duty, for dishonorably failing to pay just debts, for receiving and accepting excessive number of personal phone calls while on duty, for failing to obey a lawful general instruction by wrongfully using his government American Express card for unauthorized personal purposes and for failing to pay said debt, and for making false statements with the intent to deceive by stating he had paid said debt.  The applicant received verbal counselling, a letter of counselling, and several Article 15s.  

On 28 July 1997, the 9th Air Force, Staff Judge Advocate, found the case legally sufficient and concurred with the general discharge recommendation.

On 29 July 1997, the 9th Air Force, Commander, concurred and approved the discharge action.

On 6 August 1997, the applicant was furnished a general discharge, and was credited with 13 years, 5 months, and 10 days of active service.   

On 9 March 2016, a request for information pertaining to his post-service activities was forwarded to the applicant for response within 30 days.  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an 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.  In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us to conclude that the applicant’s post-service activities overcome the misconduct for which he was discharged.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-04725 in Executive Session on 26 January 2017 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04725 was considered:

	Exhibit A.  DD Form 149, dated 27 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 9 Mar 16, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.