RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03412

                             INDEX CODE:  110.00

                             COUNSEL: None

                             HEARING DESIRED: No

MANDATORY CASE COMPLETION DATE:  7 MAY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (UOTHC)  discharge  be
upgraded  to  under  honorable  conditions  (general)   or   honorable
discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The conditions of his discharge were unjust because it  was  based  on
one isolated incident.  He had over nine  years  of  service  with  no
other  adverse  action.   Prior  to  the  incident  which  caused  his
discharge his service record showed only  favorable  reviews  and  his
dedication to honorable service.

In  support  of  his  appeal,  applicant  submitted  copies  of   his
performance reports.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  (RegAF)  on  21 November
1977 for a period of four years as an airman basic (AB).

On 12 June 1987, Special Court-martial charges were preferred  against
the applicant for being absent without leave (AWOL) and writing checks
without sufficient funds.  The specifications were:

      Specification I – On or about 4 June 1987 through 9  June  1987,
the applicant was AWOL from his organization.

      Specification II - On or about 11 February 1987,  the  applicant
with intent to defraud and for the procurement of lawful  currency  or
things of value, wrongfully and unlawfully made and uttered a check in
the amount of $150.00 to the Base Exchange with insufficient funds  in
his account.

      Specification III - On 13 May 1987, the applicant with intent to
defraud and the procurement of lawful currency  or  things  of  value,
wrongfully and unlawfully made and uttered a check in  the  amount  of
$50.00 to the Base Exchange with insufficient funds in his account.

      Specification IV – On or about 14 May 1987, the  applicant  with
intent to defraud and for the procurement of lawful currency or things
of value, wrongfully and unlawfully made and uttered a  check  in  the
amount of $50.00 to the Base Exchange with insufficient funds  in  his
account.

      Specification V – On or about 17 May 1987, the applicant  with
intent to defraud and for the  procurement  of  lawful  currency  or
things of value, wrongfully and unlawfully made and uttered a  check
in the amount of $15.95 to the Base Exchange with insufficient funds
in his account.

On 15 June 1987, the applicant after consulting with  legal  counsel
submitted a request for discharge in lieu of trial by court-martial.
  The  applicant  further  acknowledged  that  if  his  request  was
approved, he may be discharged with an UOTHC discharge.

The base legal  office  reviewed  the  case  and  found  if  legally
sufficient to support separation  and  recommended  the  applicant’s
request for discharge in lieu of trial by court-martial be  approved
and he be discharged with a UOTHC discharge.

Prior to the  court-martial  charges  being  preferred  against  the
applicant his commander on 18 May 1987 notified the  applicant  that
he was recommending  him  for  discharge  from  the  Air  Force  for
misconduct.  The specific reasons for the discharge action were:

      a.    On 1 April 1987, the  applicant  received  a  Letter  of
Reprimand (LOR) for a positive urinalysis sample.

      b.    On 1 April 1987,  the  applicant  received  an  LOR  for
failure to go to a scheduled appointment.

      c.    On 1 April 1987,  the  applicant  received  an  LOR  for
failure to pay his delinquent  Noncommissioned  Officer  (NCO)  Club
bill.

      d.    On 10 March 1987, the applicant received an  Article  15
for writing a check with insufficient funds in his account.

      e.    On 16 February 1987, the applicant received  an  Article
15 for driving under the influence (DUI).

      f.    On 12 February 1987, the applicant failed to show for  a
scheduled  Weighted   Airman   Promotion   System   (WAPS)   testing
appointment.

      g.    On 2 August 1985, the applicant was arrested for DUI and
running a stop sign.

The  discharge  authority  approved  the  applicant’s  request   for
discharge in lieu of trial by court-martial and directed that he  be
discharged  with  an   UOTHC   discharge   without   probation   and
rehabilitation.

The applicant was discharged on 16 July 1987, under  the  provisions
of AFR 39-10,  Administrative  Separation  of  Airmen  (request  for
discharge in lieu of trial by court-martial), in the grade of senior
airman, with a UOTHC discharge.  He had nine years, seven months and
one day of active duty service.

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:

AFPC/DPPRS recommends the requested relief be denied.  They state  the
applicant has not submitted any evidence nor identified any errors  or
injustices that occurred in the processing of  his  discharge.   Based
upon the documentation in  the  applicant's  file,  they  believe  his
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation.   Also,  the  discharge  was
within the sound discretion of the discharge authority.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
November 2006, for review and response.  As of this date, no  response
has been received by this office.

On 3 January 2007, the Board staff forwarded the applicant a  copy  of
FBI report for review and response.  As of this date, no response  has
been received by this office (Exhibit F).

_________________________________________________________________

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.  After thoroughly reviewing
the evidence  or  record,  we  find  no  evidence  to  show  that  the
applicant’s  discharge  was  erroneous  or  unjust.   The  applicant’s
contention that his discharge was based on  an  isolated  incident  is
without merit.  The applicant’s military records reflect the applicant
committed numerous acts of misconduct.  Based on the documentation  in
the applicant's  records,  it  appears  that  the  processing  of  the
discharge and the characterization of the discharge  were  appropriate
and accomplished in accordance with Air Force policy.   Therefore,  we
agree with the opinion and recommendation of the Air Force  and  adopt
its rationale as the basis for our decision  that  the  applicant  has
failed to sustain his burden that he has suffered either an  error  or
an injustice.  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-
2006-03412  in  Executive  Session  on  1  February  2007,  under  the
provisions of AFI 36-2603:

                       Ms. Cathlynn B. Novel, Panel Chair
                       Mr. Don H. Kendrick, Member
                       Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated undated, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 17 Oct 06
   Exhibit E.  Letter, SAF/MRBR, dated 3 Nov 06.
   Exhibit F.  Letter, AFBCMR, dated 3 Jan 07.





                             CATHLYNN B. NOVEL

                                        Panel Chair