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.
________________________________________________________________
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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 applicants 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 sergeants
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 Boards 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.
________________________________________________________________
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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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