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
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