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AF | BCMR | CY2005 | BC-2005-02007
Original file (BC-2005-02007.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02007
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  25 DEC 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was inequitable because it was based on  an  incident
which was out of his control.  Shortly, after his marriage, he  and
his wife separated and his troubles began.  Because of his  marital
problems, his first sergeant allowed him to take some  leave.   His
former wife purposely withdrew money from his account, which caused
overdrafts and checks to bounce.  He contacted his  first  sergeant
who advised him to wait and take care of it when he came off leave.
 This led to him being punished with an Article 15.   He  tried  to
petition to his first sergeant, however, he said the bounced checks
were written before May.

He believes he did  everything  he  could  by  advising  his  first
sergeant.  He eventually took care of the bounced checks  and  made
everything right and found himself discharged and wondering why.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular on 8 May 97 for a period of  four
years.  His highest grade held was senior airman.

On 13 Jul  99,  the  squadron  commander  initiated  administrative
discharge action against the applicant for a Pattern of Misconduct,
Conduct Prejudicial to Good Order  and  Discipline.   The  specific
reasons for the proposed action were:

     Between 1 Aug and 30 Aug  98,  applicant  failed  to  maintain
sufficient funds in his checking account when he issued two  check.
For this, he received a Letter of Counseling.

     On or about 14 Oct 98, applicant did with  intent  to  defraud
and falsely pretend to his was  another  individual,  to  illegally
receive services from these two companies.  For  this  offense,  on
2 Dec 98,  he  received  Article  15  punishment.   His  punishment
consisted of a  suspended  reduction  in  grade  to  airman  basic,
forfeiture of $100 pay per month for two months, ten days of  extra
duty, a reprimand, and establishment of an Unfavorable  Information
File (UIF).

     On or about 28 Mar  99,  he  received  a  traffic  ticket  for
parking in a non-designated parking slot.

     On or about 6 Apr 99, applicant failed to maintain  sufficient
funds in his  checking  account.   For  this  offense  he  received
punishment under Article 15, consisting of a reduction in grade  to
airman with an effective date  and  date  of  rank  of  2  Dec  98,
suspended forfeiture of $200 pay per month for two months, ten days
of extra, a letter of counseling and entry in his UIF.

     On  or  about  27  Apr  99,  applicant’s  security  access  to
classified information/unescorted entry into restricted  areas  was
suspended.

     On  about  8  Jun  99,  applicant’s  security  clearance   was
temporarily revoked  because  of  marital  problems  and  attempted
suicide.

Applicant acknowledged receipt of the discharge  notification.   He
waived his right to consult counsel and to submit statements in his
own behalf.  On 15 Jul 99, the staff judge advocate found the  case
to be legally sufficient.  On 16 Jul 99,  the  discharge  authority
directed applicant be  discharged  with  service  characterized  as
under honorable conditions (general).

On 19 Jul 99, the applicant was discharged under the provisions  of
AFI 36-3208 by reason of misconduct, with service characterized  as
general (under honorable conditions).  He served 2 years, 2 months,
and 11 days on active duty.

On 27 Jun 04, the applicant submitted an  application  to  the  Air
Force Discharge Review Board (AFDRB) requesting his under honorable
conditions (general) discharge be upgraded to honorable.  The AFDRB
denied his request on the grounds that no legal or equitable  basis
existed for upgrade of discharge (Exhibit B).

___________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
documentation in the file, they found the discharge consistent with
the  procedural  and  substantive  requirements  of  the  discharge
regulation.  Additionally,  the  discharge  was  within  the  sound
discretion of the discharge authority.  They also  noted  applicant
did  not  submit  any  new  evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing  and  provided
no other facts warranting a change to his character of service.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 15 Jul 05 for review and comment 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.   The  discharge
appears  to  be  in  compliance  with  the  governing   Air   Force
instructions  and  we  find  no  evidence  to  indicate  that   his
separation from the  Air  Force  was  inappropriate.   We  find  no
evidence of error in this case and after thoroughly  reviewing  the
documentation that has been submitted  in  support  of  applicant's
appeal, we do not  believe  he  has  suffered  from  an  injustice.
Therefore, based on the available evidence of record,  we  find  no
basis upon which to favorably consider this application.

___________________________________________________________________

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-2005-02007 in Executive Session on 30  August  2005,  under  the
provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 May 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 6 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jul 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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