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AF | BCMR | CY2007 | BC-2006-03350
Original file (BC-2006-03350.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03350
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told he could apply for his discharge to be upgraded after  six
months.  He notes it has been 15 years and he would  like  to  get  it
upgraded to honorable if possible.  He realizes he embarrassed the Air
Force in the past when he made some mistakes not paying his bills  and
such, but he has made tremendous changes in his life.   He  was  young
back then and married  with  a  daughter.   He  was  never  given  the
opportunity to get himself together and felt he  simply  gave  in  and
asked for a discharge.  In retrospect, had he went to the  appropriate
people for assistance, he may have made it  through  the  ordeal.   He
feels he was in fact a good airman and a good jet  engine  tech  –  he
never had any problems doing his job.  He asks what he can do  to  get
his discharge upgraded.

In support of his appeal, the applicant has provided a copy of page  2
of the DD Form 293.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the regular Air Force on 16  December  1987.  He
was progressively promoted to the grade of Airman First  Class  before
being demoted on 18 December 1990 to the  grade  of  airman.   From  1
September 1990 through 20 December 1990, he wrote several  bad  checks
and failed to pay just debts from several  creditors.   These  actions
resulted in several Letters  of  Reprimand  (LOR’s),  an  Article  15,
creation of an Unfavorable Information File (UIF), and vacation  of  a
suspended sentence leading to  his  eventual  demotion.   He  was  not
recommended for reenlistment  and  his  commander  recommended  he  be
separated from the Air Force for Misconduct, Dishonorable  Failure  to
Pay Just Debts with service characterization of honorable or  general.
He acknowledged receipt of the  discharge  recommendation  on  19  Jul
1991.  He consulted with military counsel and presented statements  on
his behalf.  His supervisor  and  his  education  manager  both  wrote
letters of support recommending he be discharged honorably.  The  base
commander  however,  recommended  he  be  discharged  with  a  general
discharge and while he considered Probation and Rehabilitation  (P&R),
he chose not to offer it to the applicant.  He was discharged  with  a
general discharge effective 6 August 1991 after having served 3 years,
7 months, and 21 days.

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

A copy of the FBI report was forwarded to the applicant on  24 January
2007 for review and comment within 30 days.  As  of  this  date,  this
office has received no response.


_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on  file  in
the master personnel records, the discharge was  consistent  with  the
procedural and substantive requirements of  the  discharge  regulation
and was within the discretion of the discharge  authority.   Applicant
did not submit any evidence or identify any errors or injustices  that
occurred in the discharge processing.  He provided no facts warranting
a change to his under honorable conditions (general) discharge.

DPPRS’s complete 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 8
December 2006 for review and comment within 30 days.  As of this date,
this office has received no response.

_________________________________________________________________

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 an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  He failed to provide any evidence or identify  an
error or injustice that occurred during the process of his  discharge.
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 AFBCMR Docket Number BC-
2006-03350 in Executive Session on 1 March 2007, under the  provisions
of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Alan A. Blomgren, Member
      Ms. Kathleen B. O’Sullivan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Nov 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFOC/DPPRS, dated 20 Nov 06.
    Exhibit D.  FBI Report, dated 4 Dec 06.
    Exhibit E.  Letter, SAF/MRBR, dated 8 Dec 06.




                                   LAURENCE M. GRONER
                                   Panel Chair

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