RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03750
            INDEX CODE:  110.02
      XXXXXXXXXXXX     COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NOT INDICATED


MANDATORY CASE COMPLETION DATE:  4 JUL 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His dishonorable discharge be upgraded and the  felony  conviction  he
received at a court-martial in 1994 be removed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has paid for his mistakes, wants to move  on  with  his  life,  and
provide for his family with a better job.

In support of  his  application  the  applicant  provided  a  personal
statement, excerpts from his military personnel records, a copy of his
DD Form 214, Certificate of Release or Discharge from Active  Duty,  a
Letter of Support, and documentation relative to the  support  of  his
family.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
23 June 1983, for a term of 4 years.  On  12  December  1994,  General
Court-Martial charges were preferred against him.  The bases  for  the
commander’s recommendation were that on or about 30 May 1994,  and  on
or about 15 June 1994, with intent to defraud and for the  procurement
of lawful currency of a thing of value, wrongfully and unlawfully make
and utter two checks in the sum total of  $780.00; on or about 31 July
1994, with intent  to  defraud  and  for  the  procurement  of  lawful
currency of a thing of value, wrongfully and unlawfully make and utter
one check in the sum total of $300.00 and on or about  29  July  1994,
with intent to deceive and for the payment of  past  due  obligations,
wrongfully and unlawfully make and utter one check in the total sum of
$1,132.00.  He was found not guilty  of  several  specifications.   He
pleaded not guilty but was found guilty  of  seven  specifications  of
writing  checks  without  sufficient  funds,  four  specifications  of
dishonorable failure to maintain sufficient funds,  one  specification
for  falsely  making  the  signature  of  a   master   sergeant,   two
specifications of violating the Joint Ethics Regulations by  accepting
a gift from an employee receiving less money, and one specification of
misuse of a government credit card.   Applicant  was  sentenced  to  a
dishonorable discharge, confinement for 18 months,  and  reduction  to
airman first class.  He served 13 years, 10  months  and  13  days  on
active duty.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report,  which  is
at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states the applicant’s contentions
are  untimely,  without  merit,  and  constitute  neither  error   nor
injustice.  Under 10 USC 1552(f), which amended the basic  corrections
board legislation, the Board’s ability to correct records  related  to
courts-martial, is limited.  Specifically, section 15552(f)(1) permits
the correction of a record to reflect actions  taken  by  a  reviewing
authority under the UCMJ.  Additionally,  section  1552(f)(2)  permits
the correction of records related to action on the sentence of a court-
martial for the purpose of clemency.  Apart  from  these  two  limited
exceptions, the effect of Section 1552(f) is that the Board is without
authority to reverse, set aside or otherwise expunge  a  court-martial
conviction that occurred on or after 5 May 1950 (the effective date of
the UCMJ).  Accordingly, the Board does  not  have  the  authority  to
grant the applicant’s request  to  remove  his  general  court-martial
conviction from his records.

In regard to  the  applicant’s  sentence,  a  dishonorable  discharge,
confinement for 18 months, and reduction to  airman  first  class  was
well within the legal limits and was an appropriate punishment for the
offenses committed.  At  the  time  of  his  sentencing  hearing,  the
applicant had amassed several documented prior instances of misconduct
to include two Article 15 actions for assaulting his wife by  striking
her in the face on one occasion and punching her  in  the  face  on  a
different  occasion,  being  disorderly,  and  communicating  indecent
language to an NCO.  While  clemency  may  be  granted  under  10  USC
1552(f)(2), it is not warranted in this case.

The passage of time and the applicant’s  desire  to  obtain  a  better
paying job do not excuse or mitigate his serious crimes, while serving
in the military.  A dishonorable discharge was a proper  sentence  and
properly characterizes his service.  The application is  untimely  and
there is no basis for clemency.

The JAJM evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
23 February 2007, for review and comment within 30 days.  As  of  this
date, this office has received no response.

A copy of the FBI Report was provided for review and  response  within
14 days and to date no response has been received. (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 error or injustice.  We also find no  evidence  which
indicates the applicant’s  service  characterization,  which  had  its
basis in his conviction by general court-martial and was a part of the
sentence of the military court, was improper or that it  exceeded  the
limitations set forth in the Uniform Code of Military Justice  (UCMJ).
We note that this Board is without authority to reverse, set aside, or
otherwise expunge a court-martial conviction.  Rather,  in  accordance
with Title 10, United States Code, Section 1552(f),  actions  by  this
Board are limited to corrections to  the  record  to  reflect  actions
taken by the reviewing officials and action on  the  sentence  of  the
court-martial for the purpose of clemency.   We  have  considered  the
applicant’s overall quality of service, the events which  precipitated
the discharge, and the evidence related to his post-service activities
and accomplishments.  On balance, we do not  find  it  appropriate  to
upgrade his dishonorable  discharge  based  on  clemency.   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 Docket  Number  BC-2006-
03750 in Executive Session on 24 May 2007, under the provisions of AFI
36-2603:

                 Ms. B.J. White-Olson, Panel Chair
                 Mr. Mark J. Novitski, Member
                 Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Nov 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Response, dated 27 Mar 07.
      Exhibit D. Memo, AFLOA/JAJM, dated 8 Feb 07.
      Exhibit E. Letter, SAF/MRBR, dated 23 Feb 07.
      Exhibit F. Letter, AFBCMR, dated 29 Mar 07, w/atch.





      B.J. WHITE-OLSON
      Panel Chair