RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03545
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to general (under honorable conditions).
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APPLICANT CONTENDS THAT:

He and his spouse were very young and had communication issues which resulted in both of them writing bad checks while he was stationed in Germany.  He was 
able to borrow money from his parents to cover all of the returned checks and overdraft fees. His commander at the time informed him that if he sent his 
spouse and two young children back to the United States, moved into the dorms and accepted a reduction in grade to E1 he would let him cross-train into a 
different career field.  He agreed to all of the conditions.  However, he was discharged with an UOTHC.  

His service record was not perfect but was clean and he received the Air Force Good Conduct Medal with one device, Air Force Overseas Ribbons both Long and 
Short, Air Force Longevity Service Award Ribbon, Small Arms Marksmanship Ribbon, and the Air Force Outstanding Unit Award.  

From the time of his discharge he has worked hard and used what he learned in the Air Force.  Based on his service time and commitment to the Air Force he 
respectively request consideration of his application to upgrade his discharge to general under honorable conditions.

In support of his appeal, the applicant provides a personal statement.

The applicant’s complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:

On 14 Mar 83, the applicant enlisted in the Regular Air Force for a period of four years.  On 14 Mar 86, he was promoted to the grade of senior airman 
(SrA/E-4).
On 9 Feb 90, the squadron commander notified the applicant of 
administrative discharge action for misconduct, commission of a 
serious offense.  The specific reasons for this action were:

      Between Aug to Sep 89, the applicant did make and utter 
several checks drawn upon the Merchants National Bank and Trust 
Company, made payable to the order of AAFES-Europe, for the 
purpose of obtaining lawful currency or other items of value, 
and did thereafter dishonorably fail to maintain sufficient 
funds in said bank for payment of those checks in full upon 
presentment for payment. 

      On 29 Jan 90, the applicant received an Article 15; his 
punishment consisted of reduction to the grade of airman basic, 
with a Date of Rank of 29 Jan 90 and 45 days of extra duty. 

On 9 Feb 90, the applicant acknowledged receipt of the 
notification for discharge and after consulting with counsel and 
having been advised of his rights.  On 21 Feb 90, he submitted 
an unconditional waiver of his right to appear before an 
administrative discharge board.  On 2 Apr 90, the staff judge 
advocate found the case file legally sufficient and recommended 
he receive an UOTHC discharge without probation and 
rehabilitation (P&R).  On 2 Apr 90, the discharge authority 
accepted the unconditional waiver and approved the UOTHC 
discharge without P&R.

On 23 Apr 90, the applicant was discharged by reason of 
misconduct – other serious offenses, with service characterized 
as UOTHC.  He was credited with 7 years, 1 month and 10 days of 
active duty service.  

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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 during the discharge process.  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 his discharge on the basis of clemency; however, based on his overall record of service, we are not persuaded that an upgrade of the 
characterization of his discharge is warranted on that basis.  Should the applicant provide additional information, e.g., post-service documentation to 
support his claim, we would be willing to reconsider his request.  In view of the above and in the absence of evidence to the contrary, we find no basis 
upon which to recommend granting the relief sought.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03545 in Executive Session on 17 Jun 14, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jul 13, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
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