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AF | BCMR | CY2007 | BC 2007 03554
Original file (BC 2007 03554.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03554
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was being threatened by gang members because of his teenage 
wife.  

His first sergeant was trying to get him into the Threatened 
Airman Program but he was instead discharged.

He was attacked in the hospital.

He would like to enlist in the Air National Guard or go back on 
active duty.

The applicant's complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 14 Aug 87.  He 
served for a period of 1 year, 7 months, and 4 days.

On 3 Jun 88, the applicant received a Record of Individual 
Counseling (RIC) for failing to follow orders.

On 18 Aug 88, the applicant was counseled on his financial 
responsibilities.

On 19 Aug 88, the applicant received a RIC for being late to 
work, out of uniform, and not coordinating appointments with his 
supervisor.

On 1 Dec 88, the applicant received a RIC for sending out 25 
personal letters using government envelopes, paper, and sending 
them through the Base Information Transfer Center (BITC) for 
mailing.  He was required to pay $12.50 to cover the government 
costs.

On 11 Jan 89, the applicant received a RIC for failing to inform 
his supervisor of his whereabouts after a dental appointment.

On 20 Jan 89, the applicant received a RIC for a dishonored 
check to the Base Exchange in the amount of $30.  He advised 
superiors that another check for $25 would also be coming due 
because of a miscommunication between himself and his wife.  The 
applicant was counseled on his financial responsibilities.

On 2 Mar 89, the applicant’s first sergeant made a memo for 
record (MFR) stating she had received phone calls indicating the 
applicant owed a local dealership $700 for a truck and that he 
had not made payments since Nov 88.  In addition, a previous 
roommate of the applicant informed the first sergeant that the 
applicant had made $35 worth of long distance calls on his phone 
and still owed him money from previous calls.  On 8 Mar 89, the 
acting first sergeant added an addendum to the first sergeant’s 
MFR indicating she had received phone calls from a dealership 
stating the applicant signed a contract on 7 Jan 89 for an Isuzu 
car and that he owed $700 which was due to be paid no later than 
15 Jan 89.  In addition, the acting first sergeant was informed 
the applicant had not been back to the dealership nor returned 
any of their phone calls.  

On 6 Mar 89, the applicant was notified of pending discharge 
actions.  He consulted counsel and submitted statements in his 
own behalf on 9 Mar 89.   

On 7 Mar 89, the applicant discussed his pending discharge with 
the XXX OSW/IG.  He was informed that he needed to file an 
appeal to his proposed discharge in accordance with applicable 
regulations and that no further IG intervention was necessary at 
that time.

On 13 Mar 89, the staff judge advocate found the case legally 
sufficient for discharge.

On 17 Mar 89, the discharge authority directed that the 
applicant be discharged with a general (under honorable 
conditions) discharge without probation and rehabilitation.

The applicant was discharged with a general (under honorable 
conditions) discharge on 20 Mar 89.

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
55555VA8, which is at Exhibit C.  On 17 Dec 07, a copy of the 
FBI report was forwarded to the applicant for review and comment 
within 30 days.  As of this date, no response has been received 
by this office.

On 17 Dec 07, a request for post-service information was 
forwarded to the applicant for response within 30 days.  As of 
this date, no response has been received by this office.

Additionally, notwithstanding the absence of error or injustice, 
the Board has the prerogative to grant relief on the basis of 
clemency if so inclined.

________________________________________________________________
_

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 in the discharge processing.  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.  Therefore, in the 
absence of evidence to the contrary, we find no compelling basis 
to recommend granting the relief sought in 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 Docket Number BC-
2007-03554 in Executive Session on 20 February 2008, under the 
provisions of AFI 36-2603:

	Mr. XXXXXXXXXXXX, Panel Chair
	Mr. XXXXXXXXXXXX, Member
	Mr. XXXXXXXXXXXXX, Member

The following documentary evidence was considered Docket Number 
BC-2007-03554:

    Exhibit A.  DD Form 149, dated 19 Oct 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  AFBCMR Letter, w/atchs, dated 17 Dec 07.




                                   XXXXXXXXXXXXX
                                   Panel Chair




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