RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00190
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  28 MAY 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served under honorable conditions until he  became  married.   His
wife issued several insufficient fund checks and he  was  disciplined
and given a general  (under  honorable  conditions)  discharge.   His
military performance was without mar.  Also, his  commanding  officer
told him that his discharge would be automatically upgraded after six
months.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force (RegAF) on 5 June 1985 in
the grade of airman basic (AB) for a period of four years.

The applicant’s commander  notified  him  that  he  was  recommending
discharge  from  the  Air  Force   for   unsatisfactory   performance
(financial irresponsibility).  The specific reasons for the discharge
action were:

      a.    On 30 August 1989, the applicant  received  a  Letter  of
Counseling (LOC) for issuing a check to  the  Base  Exchange  in  the
amount of $55.00 which was dishonored for insufficient funds.

      b.    On 7 February  1990,  the  applicant  was  counseled  for
issuing dishonored checks with insufficient funds on 28 December 1989
at the Base Noncommissioned Officer’s (NCO) Open Mess in  the  amount
of $200.00.

      c.    On 1 May 1990, the applicant received an LOC  for  on  10
April 1990 issuing a check to the Base  Exchange  in  the  amount  of
$100.00 which was dishonored for insufficient funds.

      d.    The applicant issued two  checks  to  Wal-Mart,  totaling
$89.06, which were dishonored for insufficient funds.

      e.    The applicant between 4 through 10 May 1990 issued to the
Base Exchange a total of five checks  totaling  $500.00,  which  were
dishonored for insufficient funds.  The applicant also in April  1990
issued two checks to the Base Exchange each for  $100.00  which  were
dishonored for insufficient funds.

      f.    On 31 May 1990, the applicant received an Article 15  for
issuing on 1 through 3 May 1990 to the  Base  Exchange  three  checks
totaling $300.00 which were dishonored for insufficient funds.

      g.    On 14  November  1990,  the  applicant  was  charged  and
convicted of three counts of worthless checks  for  issuing  to  Winn
Dixie Supermarket three checks totaling  $152.95  between  17 through
19 May 1990 which were dishonored for insufficient funds.

The commander advised the applicant that military legal  counsel  had
been obtained for him; and he also has the right to submit statements
in his own behalf; and that failure to consult counsel or  to  submit
statements would constitute a waiver of his right to do so.

The commander indicated in his recommendation for discharge  that  he
considered the applicant’s military record as well as  his  financial
irresponsibility.  The  applicant  was  given  every  opportunity  to
improve his performance as indicated by the several  counselings  and
the Article 15.  The applicant’s irresponsibility in  the  management
of his personal  finances  continued,  as  reflected  by  his  recent
conviction in civilian court.

The applicant did not date or  sign  the  notification  of  discharge
action.

On 20 December 1990, a legal review was conducted in which the  staff
judge advocate recommended the applicant  receive  a  general  (under
honorable conditions) discharge without probation and rehabilitation.


On 20 December 1990, the discharge authority approved the  separation
and directed that the applicant be discharged with a  general  (under
honorable conditions) discharge.

Applicant was separated from the Air Force on 20 December 1990  under
the provisions of AFR  39-10,  Administrative  Separation  of  Airman
(unsatisfactory  performance),  with  a  general   (under   honorable
conditions) discharge.  He was credited with 5 years, 6 months and 16
days 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 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.
The discharge was within the discretion of the  discharge  authority.
The 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 in his character of service.

A complete copy of the Air Force evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluation  and  requests  the
Board to review his  records  for  the  outstanding  Airman  Progress
Reports, Awards and nominations he received  prior  to  his  problems
(Exhibit F).

On  1  March  2007,  the  applicant  was  forwarded  a  copy  of   the
investigative report for review and comment within  30  days.   As  of
this date, no response has been received (Exhibit G).

_________________________________________________________________

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
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.  In addition, in view of the contents of the
FBI  Identification   Record   we   are   not   persuaded   that   the
characterization of the applicant’s discharge warrants an  upgrade  to
honorable on the basis of clemency.   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-
2007-00190 in Executive Session on 10 April 2007 under the  provisions
of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Josephine L. Davis, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Jan 07.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 29 Jan 07.
   Exhibit E.  Letter, SAF/MRBR, dated 16 Feb 07.
   Exhibit F.  Letter, Applicant, undated.
   Exhibit G.  Letter, AFBCMR, dated 1 Mar 07, w/atch.




                                        CHARLENE M. BRADLEY
                                        Panel Chair