RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00359
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  10 AUGUST 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was young  airman  and  was  financially  irresponsible.   He  has
learned from his mistakes, and deeply regrets the errors made and  is
trying to correct his mistakes.

No supporting documentation was submitted.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  (RegAF)  on  17 July
1987 in the grade of airman basic (E-1) for a period of four years.

On 15 April 1988, the applicant’s commander notified him that  he  was
recommending  him  for  discharge  from  the  Air  Force   for   minor
disciplinary infractions.  The  specific  reasons  for  the  discharge
action were:

             a.    On  15  January  1988,  the  applicant  received  a
Dishonored Check Notification for writing a  check  with  insufficient
funds to the Base Exchange.

             b.    On  8  February  1988,  the  applicant  received  a
Dishonored Check Notification for writing a  check  with  insufficient
funds to the Base Exchange.

            c.    On  10  February  1988,  the  applicant  received  a
Dishonored Check Notification for writing a  check  with  insufficient
funds to the Base Exchange.

            d.   On 17 February 1988, the applicant received a  Record
of Individual  Counseling  (ROC)  for  receiving  a  Dishonored  Check
Notification  for  writing  checks  with  insufficient  funds  to  the
Noncommissioned Officers (NCO) Club.

            e.   On 26 February 1988, the applicant  received  an  ROC
for receiving a Dishonored Check Notification for writing checks  with
insufficient funds to the Base Exchange

            f.   On 10 March 1988, the applicant received a Letter  of
Reprimand  (LOR)  and  Unfavorable  Information   Action   for   being
financially negligent to the NCO Club and the Army/Air Force  Exchange
Service (AAFES).

            g.   The applicant on 24 March 1988 received an Article 15
for writing checks to the NCO Club with insufficient funds.

The commander advised the applicant of his  right  to  consult  legal
counsel and that military legal counsel had been  obtained  for  him;
and that he also had 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  the
applicant had been given numerous chances to  prove  himself  worthy,
with negative results.  The commander did not recommend probation and
rehabilitation  because  the  applicant  was  given  the  opportunity
through correctional custody, but  failed  to  complete  the  initial
entry phase of the program.  Furthermore, the applicant stated to the
Area Defense Counsel (ADC) that he  would  go  absent  without  leave
(AWOL) if he had to stay in correctional custody.

On  19  April  1988,  the  applicant  acknowledged  receipt  of   the
notification of discharge and after  consulting  with  legal  counsel
waived his right to submit statements in his own behalf.

On 12 May 1988, a legal review was conducted in which the staff judge
advocate  recommended  the  applicant  receive  an  under   honorable
conditions (general) discharge without probation and rehabilitation.

On 16 May 1988, the discharge authority approved the  separation  and
directed the applicant be discharged with a general (under  honorable
conditions) discharge without probation and rehabilitation.

Applicant was separated from the Air Force on 23 May 1988  under  the
provisions  of  Air  Force  Regulation  (AFR)  39-10,  Administrative
Separation  of  Airman  (misconduct-pattern  of  minor   disciplinary
infractions), with a general (under honorable conditions)  discharge.
He was credited with 10 months and 7 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.

AFPC/DPPRS complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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

A copy of the FBI Investigation was  forwarded  to  the  applicant  on
13 March 2007 for review and comment within 30 days.  As of this date,
this office has received no response (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.   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.  After thoroughly reviewing the evidence  of
record, we find no evidence to show that the applicant’s discharge was
erroneous or unjust.  The applicant was discharged for  a  pattern  of
misconduct.   His  records  reflect  he  was  counseled  on   numerous
occasions in effort to improve his conduct  and  these  rehabilitative
efforts  failed.   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-
2007-00359 in Executive Session on 26 April 2007 under the  provisions
of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Mr. James L. Sommer, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Jan 07.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 13 Feb 07.
   Exhibit E.  Letter, SAF/MRBR, dated 23 Feb 07.
   Exhibit F.  Letter, AFBCMR, dated 13 Mar 07, w/atch.




                                        RICHARD A. PETERSON
                                        Panel Chair