RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02602
                             INDEX CODE:  110.00

      APPLICANT        COUNSEL: None

      SSN                    HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be  upgraded  to  an  honorable  or  general
discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His unfavorable discharge was due  to  his  inability  to  manage  his
finances properly and his consistent irresponsibility.  He  notes  his
work performance while in the Air  Force  was  above  average  if  not
excellent.  He states since leaving the Air Force  his  lifestyle  has
change dramatically.  He has worked for Southern  Illinois  University
in the payroll department where he was responsible for the paying  the
federal and state taxes for the university payroll accounts.  He  also
worked as an Administrative Assistant for his church and he  has  been
for the last six years employed with the Joyce Meyer Ministries as the
manager of the Data Entry Department.  He has  been  married  for  six
years and has resided in Missouri for five years.  He  further  states
that he has paid for  his  mistakes  of  his  past  and  has  had  the
experience of regret due  to  his  unfavorable  discharge  on  several
personal occasions.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 February 1985 for  a
period of four (4) years as an airman basic.

The applicant, between 18 February through 25 February 1989, did  with
intent to defraud, uttered nine bad checks  to  the  Hickam  AFB  Base
Exchange and Commissary in the total amount $1097.38.

On or about 28  February  1989,  the  applicant  with  the  intent  to
defraud, uttered a bad check to the Accounting Finance  Officer,  Osan
AFB, in the amount of $500.

The applicant between 26 February and 14 March 1989, with  the  intent
to defraud, uttered fourteen bad checks to  the  Travis  AFB  Enlisted
Club and the Homestead AFB Base Exchange in the amount of $2,055.60.

On divers occasions between 24  July  1989  and  7  August  1989,  the
applicant stole $36.00 in U.S. currency.

On 8 November 1988, the applicant failed to pay a debt.

Applicant’s overall ratings on his APRs were 8, 9.

The applicant was tried by general court-martial on 5  December  1989.
He elected trial before a military judge sitting alone.  The  military
judge found him guilty in accordance with his pleas and sentenced  him
to receive a bad conduct discharge, confinement for 12  months  and  a
reduction in rank to E-1.

On 17 January 1990, the convening  authority  approved  the  sentence.
The Air Force Court of Criminal Review affirmed the findings of guilty
and the sentence on 5 March 1990.  The United States Court of Military
Review denied the applicant’s petition for review on 10  August  1990.
The applicant’s bad conduct discharge was executed on 5 October 1990.

Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is  attached
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM states the sentence the applicant received was well  within
the legal limits and the bad conduct discharge was appropriate for the
offenses committed.  The findings of guilty and the sentence  and  bad
conduct discharge were affirmed upon appellate review.   They  further
state that although clemency is an option there is no reason  for  the
Board to exercise it.  The  applicant  did  not  serve  honorably  and
reaped the consequences of his criminal behavior.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report  were  forwarded
to  the  applicant  on  27  November  2002  and   27   January   2003,
respectively, for review and response.  As of this date,  no  response
has been received by this office.

_________________________________________________________________

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 of 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 impropriety in the characterization  of
the applicant’s discharge.   It  appears  that  responsible  officials
applied appropriate standards in effecting the separation, and  we  do
not find persuasive evidence that pertinent regulations were  violated
or that the member was not afforded all the rights to  which  entitled
at the time of his discharge.  Therefore, based  on  the  evidence  of
record, we find  no  basis  upon  which  to  favorably  consider  this
application.

4.     Although   the   applicant   did   not   specifically   request
consideration based on clemency, we also find insufficient evidence to
warrant a recommendation that the discharge be upgraded on that basis.
 Applicant has not provided information on his post-service activities
and accomplishments after being provided  an  opportunity  to  present
such information to the Board.  Therefore, based on  the  evidence  of
record,  we  cannot  conclude  that  clemency  is  warranted.   Should
applicant provide statements from community leaders and  acquaintances
attesting to his good character and reputation and other  evidence  of
successful post-service rehabilitation, this Board would be willing to
review this information for possible  reconsideration  of  this  case.
However, we cannot recommend approval based on the current evidence of
record.

_________________________________________________________________

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 02-
02602 in Executive Session on 11 March 2003 under  the  provisions  of
AFI 36-2603:

                       Mr. David C. Van Gasbeck, Panel Chair

                       Ms. Martha Maust, Member

                       Mr. George Franklin, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Aug 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFLSA/JAJM, dated 14 Nov 02.
   Exhibit E.  Letter, SAF/MRBR, dated 27 Nov 02.
   Exhibit F.  Letter, AFBCMR, dated 27 Jan 03.




                                        DAVID C. VAN GASBECK
                                        Panel Chair