RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01255 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He did everything he could to comply with Air Force weight standards. He had problems attending most physical training sessions because he was not mature enough at the time. Additionally, he made a huge mistake when he wrote bad checks. His cousin stated “if you write a check the people already know that you’re in the military and they won’t come after you.” He discovered he made a terrible mistake because he was immature and naive. In support of his request, the applicant provides a personal statement. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 7 August 1987, the applicant enlisted in the Regular Air Force. On 27 January 1988, the applicant was entered into the Air Force Weight Management Program (WMP) for exceeding his maximum allowable weight. As a result he received a referral airman performance report (APR) for the period 7 August 1987 through 25 April 1988. On 5 February 1988, the applicant was notified of his commander’s intent to withhold his promotion to the grade of airman (E-2), which was to be effective on 7 February 1988. The specific reason for this action was his entry into the WMP. On 7 April 1988, the applicant was notified of his commander’s intent to deny him the Air Force Good Conduct Medal (AFGCM) for the period 7 August 1987 through 2 May 1988. On 3 June 1988, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for conduct prejudicial to good order and discipline. The specific reasons for this action were: 1) Between February and May 1988, the applicant received four Letters of Counseling (LOC) for violation of Article 86, Uniform Code of Military Justice (UCMJ) (three for reporting late for duty and one for failing to attend his mandatory aerobics class); 2) On 12 May 1988, he received a Letter of Reprimand (LOR), for violation of Article 123a, UCMJ for writing 32 checks without sufficient funds; 3) On 13 May 1988, he received a memo for record (MFR) for six violations of Article 86, UCMJ (four for reporting late for duty and two for failing to attend his aerobics classes); and 4) On 9 March 1988, he received an Article 15 and establishment of an Unfavorable Information File (UIF) for violation of Article 86, UCMJ for failing to go to his place of duty. His punishment consisted of forfeiture of $75 per month for two months and 30 days extra duty. On 3 June 1988, the applicant acknowledged receipt of the notification of discharge. On 8 June 1988, the applicant consulted counsel and submitted a statement in his own behalf. On 10 June 1988, the Staff Judge Advocate recommended to the Training Wing Commander that the applicant be discharged and issued a general discharge. On 17 June 1988, the discharge authority approved the applicant’s discharge. On 28 June 1988, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge in the grade of airman basic. He served 10 months and 22 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI), Clarksburg, WV, provided a copy of an Investigative Report (Exhibit C). On 13 May 2011, a copy of the Investigative Report and a request for post-service information were forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. After thoroughly reviewing the evidence of record, we find no evidence to indicate that his discharge from the Air Force was inappropriate, or that the actions taken to affect his discharge and the characterization of his service were improper, contrary to the provisions of the governing regulations in effect at the time, or based on factors other than his own behavior and inability to comply with standards. In addition, we find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency. We have considered the applicant’s overall record of service, the events which precipitated the discharge, and the contents of the FBI report; 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 AFBCMR Docket Number BC-2011-01255 in Executive Session on 21 June 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 March 2011, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigation, dated 27 April 2011. Exhibit D. AFBCMR, Letter, dated 13 May 2011. Panel Chair