RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03616

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.


APPLICANT CONTENDS THAT:

He was not afforded the opportunity to meet with legal counsel 
prior to the disposition of his Article 15 action.  Reduction in 
grade is one of the most severe forms of nonjudicial punishment 
and should be used with discretion.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
13 Aug 87.

On 2 Aug 88, the applicant’s commander imposed non-judicial 
punishment (NJP) for violation of Article 123a of the Uniform 
Code of Military Justice (UCMJ) for writing checks on 9 and 
15 Jul 88 to another military member in the amount of $50.00, 
knowing he had insufficient funds to cover these checks.  For 
this action the applicant received reduction to the grade of 
Airman Basic (AB) with a new date of rank (DOR) of 29 Jul 88.

According to the AF Form 3070, Record of Nonjudicial Punishment 
Proceedings, the applicant initialed that he had consulted with 
a lawyer and that he waived his right to demand trial by court 
martial and accepted non-judicial punishment proceedings, he did 
not request to make a personal appearance before his commander, 
nor did he attach a written presentation.

On 2 Aug 88, the applicant was furnished a general discharge, 
with a narrative reason for separation of “unsatisfactory 
performance,” and was credited with 1 year and 20 days of active 
service.   

On 12 Sep 14, a request for post-service information was 
forwarded to the applicant for review and response within 30 
days.  As of this date, no response has been received by this 
office (Exhibit C).  


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 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.  While it 
appears that a copy of the discharge package is not available 
for our review, the presumption of regularity in the conduct of 
governmental affairs dictates that, absent evidence to the 
contrary, it should be presumed that the applicant’s discharge 
for unsatisfactory performance was carried out according to the 
prescribing directive in effect at the time of the applicant’s 
discharge.  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, in the absence of any evidence related to 
the applicant’s post-service activities, there is no way for us 
to determine if the applicant’s accomplishments since leaving 
the service are sufficiently meritorious to 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-2014-03616 in Executive Session on 14 May 15, under 
the provisions of AFI 36-2603:

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03616 was considered:

	Exhibit A.  DD Form 149, dated 31 Jul 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 12 Sep 14.