Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-01472
Original file (BC-2007-01472.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01472
            INDEX CODE:  110.02
      xxxxxxxxxxxx     COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 12 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He regrets his financial irresponsibility while serving with the Air  Force.
 He would like to count himself among  the  honorably  discharged  veterans.
He does not dispute the reason for his discharge;  however,  he  has  worked
diligently to  correct  the  defects  in  his  character  that  led  to  his
discharge.

Applicant submits no supporting  documentation.   The  applicant's  complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 December 1985, the applicant enlisted in the Regular Air Force in  the
grade of airman basic (E-1) for a period of 4 years.  He  was  progressively
promoted to the grade of airman first class (E-3), with a date  of  rank  of
11 April 1987.  He received an Airman  Performance  Report  closing  25  May
1987 in which the overall evaluation was 9 (9 being the highest rating).

On 19 August 1987,  the  applicant  received  a  letter  of  counseling  for
failure to maintain proper control of his checking  account  which  resulted
in a $150.00 dishonored check.

On 21 September 1987, he received a letter  of  counseling  for  failure  to
maintain proper control of his checking account which resulted in  a  $16.26
dishonored check.

On 23 October 1987, he received a letter of  reprimand  with  a  Unfavorable
Information File entry  for  failure  to  maintain  proper  control  of  his
checking account which resulted in $916.62 worth of dishonored checks.

On 17 November 1987, he received  a  letter  of  reprimand  for  failure  to
maintain proper control of his checking account which resulted in a  $150.00
dishonored check.

On several occasions in September and October 1987, the applicant failed  to
maintain sufficient funds in his checking account which resulted in  $650.00
in dishonored checks.  For these incidents,  punishment  under  Article  15,
Uniform Code of Military Justice (UCMJ) was imposed with a  UIF  entry.   He
received a reduction to the  grade  of  airman  basic  and  was  ordered  to
perform 45 days extra duty.

The applicant also had several failures on the Weight Management Program.

On 18 March 1987, the applicant’s commander initiated discharge  proceedings
against him under the  provisions  of  AFR  39-10,  paragraphs  5-47(d)  for
dishonorable failure to pay just debts.  The applicant was notified  of  his
commander’s  recommendation  and  that  a  general   discharge   was   being
recommended.  He was advised of his rights and consulted  with  counsel  and
elected to submit statements in his own behalf.  In a legal  review  of  the
discharge case file, the staff judge advocate found  it  legally  sufficient
and recommended that he be discharged from the  Air  Force  with  a  general
discharge without probation and rehabilitation.  On  23 December  1987,  the
discharge authority directed he be discharged with a general discharge.   He
was discharged on 29 December 1987.  He  served  2  years  and  19  days  on
active duty.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

On 22 August 1990, the Air  Force  Discharge  Review  Board  considered  and
denied his request for a discharge upgrade.

On 12 June 2007, the applicant was given the opportunity to submit  comments
about his post service activities (Exhibit E).  Applicant submits  character
references and states that he does not excuse his behavior  during  his  Air
Force service but unbeknownst to him he suffered from depression due to  his
strict religious upbringing.   However,  once  he  was  properly  diagnosed,
educated and treated, his life began to come into focus and finally felt  he
had the ability to control his life.  He has found value in  serving  others
and  contributing  his  time  to  the  betterment  of  his  community.   The
applicant’s complete letter, with attachments, is at Exhibit F.

_________________________________________________________________




AIR FORCE EVALUATION:

None.  The applicant has not shown the  characterization  of  his  discharge
was contrary to the provisions of AFR 39-10,  Administrative  Separation  of
Airmen, paragraph 5-47d (Pattern of Misconduct  –  Dishonorable  Failure  to
Pay Just Debts) nor has he shown the nature  of  the  discharge  was  unduly
harsh or disproportionate to the offenses committed.

_________________________________________________________________

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.   After  careful  consideration  of  the
applicant’s request, we have seen no evidence indicating the  applicant  was
improperly  discharged  or  that  an  upgrade  of   the   approved   service
characterization based on the evidence presented is warranted.   It  appears
that responsible officials applied appropriate standards  in  effecting  the
separation,  and  the  applicant  has  not  provided   persuasive   evidence
demonstrating that pertinent regulations were violated, he was not  afforded
all the rights to which entitled at  the  time  of  discharge  or  that  his
superiors  abused  their  discretionary  authority.   We  have   noted   the
information  provided  by  the  applicant  related  to  his   post   service
activities  and  considered  upgrading  his  discharge  based  on  clemency.
However, the applicant did not provide sufficient information pertaining  to
his post-service activities and accomplishments  to  conclude  that  he  has
overcome the behavioral traits which caused the discharge.   Therefore,  the
Board agrees with the opinion and recommendation of the Air Force office  of
primary responsibility and adopts its  rationale  as  the  basis  for  their
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice. Therefore, 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 this application in  Executive
Session on 12 July 2007, under the provisions of AFI 36-2603:

                 Mr. James A. Wolffe, Acting Panel Chair
                 Ms. Donna D. Jonkoff, Member
                 Ms. Janet I. Hassan, Member


The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01472 was considered:

      Exhibit A.  DD Form 149, dated 3 May 07.
      Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  FBI Investigative Report, No. 1845,
                        dated 24 May 07.
      Exhibit D.  Excerpt of AFR 39-10, dated 1 Oct 84.
      Exhibit E.  Letter, AFBCMR, dated 12 Jun 07, w/atch.
      Exhibit F.  Letter, Applicant, undated, w/atchs.




                                  JAMES A. WOLFFE
                                                   Acting Panel Chair


Similar Decisions

  • AF | BCMR | CY2007 | BC-2007-01801

    Original file (BC-2007-01801.doc) Auto-classification: Denied

    On 29 March 1989, the discharge authority directed he be discharged with a general discharge. On 1 December 1989, the Air Force Discharge Review Board reviewed and denied the applicant’s request that his discharge be upgraded to honorable. _________________________________________________________________ The following members of the Board considered Docket Number BC-2007-01801 in Executive Session on 26 July 2007, under the provisions of AFI 36-2603: Ms. B J White-Olson, Panel Chair Ms....

  • AF | BCMR | CY2007 | BC-2007-01034

    Original file (BC-2007-01034.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01034 INDEX CODE: 106.00, 110.00 XXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: October 2, 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His characterization of service be upgraded from general under honorable conditions to honorable, and his Reenlistment Eligibility Code (RE) be upgraded so he can...

  • AF | BCMR | CY2007 | BC-2006-03412

    Original file (BC-2006-03412.DOC) Auto-classification: Denied

    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. As of this date, no response has been received by this office (Exhibit F). After thoroughly reviewing the evidence or record, we find no evidence to show that the applicant’s discharge was erroneous or unjust.

  • AF | BCMR | CY2007 | BC-2007-00359

    Original file (BC-2007-00359.doc) Auto-classification: Denied

    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. 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. AFPC/DPPRS complete evaluation is at Exhibit...

  • AF | BCMR | CY2006 | BC-2005-03325

    Original file (BC-2005-03325.doc) Auto-classification: Denied

    He further indicates he was advised by counsel to accept the general discharge instead of appearing before a discharge board. In his recommendation for discharge action, the commander indicated he had attempted to rehabilitate the applicant’s conduct through use of counseling and other administrative admonishments concerning the penalty for financial irresponsibility and misconduct. Although the applicant did not specifically request consideration based on clemency, we also find...

  • AF | BCMR | CY2007 | BC-2007-01155

    Original file (BC-2007-01155.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01155 INDEX CODE: 110.02 xxxxxxxxxx COUNSEL: None HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 14 OCTOBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 1 October 1984, the discharge authority approved the conditional waiver and directed the...

  • AF | BCMR | CY2008 | BC-2007-03701

    Original file (BC-2007-03701.doc) Auto-classification: Denied

    On 27 January 1989, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airman, para 5-26d, Irresponsibility in the management of personal finances. Exhibit B. Exhibit E. Letter, Applicant, dated 10 February 2008.

  • AF | BCMR | CY2004 | BC-2004-01584

    Original file (BC-2004-01584.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: On 21 June 1983, the applicant enlisted in the Regular Air Force in the grade of airman basic for a period of four (4) years. As of this date, no response has been received by this office. On 23 June 2004, the Board staff requested the applicant provide post- service documentation within 14 days (Exhibit F) and on 8 July 2004, the Board provided the applicant the opportunity to respond to the FBI...

  • AF | BCMR | CY2007 | BC-2007-00190

    Original file (BC-2007-00190.doc) Auto-classification: Denied

    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. The commander indicated in his recommendation for discharge that he considered the applicant’s military record...

  • AF | BCMR | CY2007 | BC-2007-00454

    Original file (BC-2007-00454.DOC) Auto-classification: Denied

    We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. Exhibit D. Letter, AFPC/DPPRS, dated 21 Feb 07. Exhibit E. Letter, SAF/MRBR, dated 9 Mar 07.