RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00512 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He was young and bounced checks in an attempt to pay airless fares so his new wife and kids could visit him in South Korea. He made more than two moral calls per month which resulted in Article 15s and a reduction in rank. He did not receive adequate legal advice or representation from his supervisors or attorney. He was homesick and accepted the discharge. He regrets not seeking correct representation and keeping his honor. The Board should consider his untimely application in the interest of justice because he would like to keep the honor of serving his country and to be eligible for Department of Veteran’s Affairs benefits or services. The applicant did not provide any documentation in support of his request. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 27 Aug 92, the applicant enlisted in the Regular Air Force. On or about 15 and 18 May 96, the applicant with intent to defraud, falsely pretended to be someone other than himself, knowing the pretenses were false and by means thereof wrongfully obtained from the USAF and Sprint Global I telephone services, of a value of about $188 to wit: morale calls. In addition, the applicant also failed to obey a lawful order issued by the wing commander not to make more than two moral calls per month. For this misconduct, he was given Non-Judicial Punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), with a suspended reduction to the grade of airman first class until 25 Dec 96, and 30 days extra duty. This action resulted in an Unfavorable Information File (UIF). On or about 4 and 18 Dec 96, the applicant wrote five non- sufficient funds checks in the total amount of $1,000 for the purpose of procuring cash, and did thereafter dishonorably fail to maintain sufficient funds in the credit union for payment of such checks in full upon their presentation for payment. For this misconduct, he received another Article 15, with reduction to the grade of airman first class, restriction to the base for 45 days, and 45 days extra duty, which was placed in his existing UIF. On or about 2 Feb 97, the applicant made and uttered a check in the amount of $67.73 and did thereafter fail to place/maintain sufficient funds in the credit union for payment of such check in full upon its presentation for payment. For this misconduct, he received a Letter of Reprimand (LOR), which was placed in his UIF. On 23 Apr 97, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airman, paragraph 5.49 for Minor Disciplinary Infractions. The commander noted the applicant had been punished under Article 15 and despite efforts to rehabilitate him, the applicant continued to engage in misconduct. The applicant acknowledged receipt of the notification of discharge. After consulting with legal counsel, the applicant submitted a statement on his own behalf. On 14 May 97, the staff judge advocate reviewed the case and found it legally sufficient to support discharge and recommended to the wing commander that the applicant receive a general (under honorable conditions) discharge without the offer of probation and rehabilitation. On 15 May 97, the discharge authority approved the applicant’s discharge. On 23 May 97, the applicant was discharged for “Misconduct” with service characterized as general (under honorable conditions). He served 4 years, 8 months and 27 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) indicated that on the basis of the information provided, they were able to locate an arrest record. On 21 Mar 14, the AFBCMR Board staff offered the applicant the opportunity to provide information pertaining to his activities since leaving the service (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES: 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 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 authority. The applicant has provided no evidence which would lead us to believe the characterization of 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 characterization of the applicant’s discharge based on clemency; however, after considering his overall record of service, the infractions which led to his administrative separation and the lack of post-service information we are not persuaded that an upgrade is warranted. 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 in this application. 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-2014-00512 in Executive Session on 20 Nov 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered pertaining to AFBCMR Docket Number BC-2014-00512: Exhibit A. DD Form 149, dated 29 Jan 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Information Bulletin – Upgrade of Discharge – Clemency Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14