RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-03687

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

There was no pattern established for failure to pay debts.  Debt was a one-time occurrence and was paid. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Senior Airman.  

On 8 Aug 91, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of Air Force Regulation 39-10, para 5-47d.  The reasons for the action were as follows:

a.	On or about 29 Jun 90, the applicant uttered a bad check in the amount of $130.00 to the Armed Forces Commissary Service (AFCOMS), as evidenced by a Dishonored Check Notification, dated 3 Aug 90.
b.	On or about 12 Oct 90, the applicant uttered a bad check in the amount of $71.96 to the Army and Air Force Exchange Service (AAFES), as evidenced by an APVR-FW-PA letter, dated 12 Dec 90.
c.	On or about 21 Oct 90 and 26 Oct 90, the applicant uttered two bad checks in the total amount of $39.84 to AAFES, as evidenced by a Dishonored Check Notification, dated 19 Nov 90, and an APVR-FW-PA letter, dated 12 Dec 90.
d.	On or about 24 Oct 90, the applicant uttered a bad check in the amount of $12.00 to the Eielson Air Force Base (AFB) Veterinary Clinic, as evidenced by a Dishonored Check Notification , dated 7 Nov 90.
e.	On 19 Nov 09, the applicant was issued a Letter of Reprimand for writing a nonsufficient funds check at the Eielson AFB Veterinary Clinic, in the amount of $12.00.
f.	On or about 20 Nov 90, the applicant uttered a bad check in the amount of $18.00 to the Eielson AFB Noncommissioned Officers Club, as evidence by a Dishonored Check Notification, dated 7 Dec 90.
g.	On or about 21 Nov 90, the applicant uttered a bad check in the amount of $100.00 to AFCOMS, as evidenced by a USA Troop Support Agency, HQ Western Commissary Region/LOTA-WE-RA letter, dated 16 Jan 91, and a APVR-FW-PA letter, dated 29 Jan 91.
h.	On 28 Jan 91, the applicant was issued an Individual Counseling Record for financial irresponsibility.
i.	On 31 Jan 91, the applicant was issued a Letter of Reprimand (LOR) for writing a nonsufficient funds check at the Fort Wainwright Commissary, in the amount of $100.00, and the LOR was placed in his Unfavorable Information File.
j.	On 17 Jul 91, the applicant was issued nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for on or about 11 Jul 91, being derelict in his duty in failing to maintain his military housing in a sanitary condition, in violation of Article 92, UCMJ.  The applicant was reduced in grade to Senior Airman, with a date of rank of 19 Jul 91.

On 5 Sep 91, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 17 Sep 91.

On 20 Sep 91, the applicant received a General (Under Honorable Conditions) discharge. 

For more information, see the excerpt of the applicant’s record at Exhibit B.

On 4 Nov 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).  The applicant replied on 15 Apr 17.  In his response, the applicant contended he had an overdraft check to Alaska Airlines, which was paid the next payday and he never had another overdraft occurrence while in the Air Force.  Additionally, he states the condition of his housing was exaggerated and went forward to his commander without being verified.  The applicant also provided a copy of his Federal Bureau of Investigation Report.  The applicant’s complete response is at Exhibit D.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03687 in Executive Session on 26 Jun 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 6 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 4 Nov 16.
Exhibit D:	Applicant’s response, dated 15 Apr 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.