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AF | BCMR | CY2007 | BC-2007-02842
Original file (BC-2007-02842.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02842
            INDEX CODE:  110.02
      XXXXXXXXXXX      COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 11 MARCH 2009

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since her discharge, she has obtained a degree.

In support of her request, applicant provides a copy of her DD Form 214.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her initial enlistment in the Regular Air  Force  on  4
March 1992.

From 1 November 1992 to 23 January 1993, the applicant wrote 29  checks,  of
which 20 were returned for insufficient funds.   For  these  incidents,  she
received a Letter of Reprimand (LOR) and was placed on the  Control  Roster.


On 9 December 1992, the applicant wrote a check in the amount of $150.00  in
payment of a debt and failed to maintain sufficient funds  for  the  payment
of said check.  For this incident,  punishment  under  Article  15,  Uniform
Code of Military Justice (UCMJ), was imposed.  She was reduced to the  grade
of airman basic and restricted to the limits of the base for 14 days.

On 10 December  1992,  the  applicant  failed  to  redeem  a  bad  check  as
previously agreed to do.  For this incident, she received an LOR.

On 29 March 1993, the applicant was notified by her commander of his  intent
to discharge her for Pattern of Misconduct –  Dishonorable  Failure  to  Pay
Just Debts.  She was advised of her rights in this matter  and  acknowledged
receipt on that same date.  Applicant elected not to  submit  statements  in
her behalf.  In a legal review of the discharge case file, the  staff  judge
advocate found it legally sufficient and recommended she be discharged  from
the Air Force with a general discharge.   On  7 April  1993,  the  discharge
authority directed she  be  discharged  with  a  general  discharge  without
probation and rehabilitation.  Applicant was credited with 1 year,  1  month
and 9 days of active service. On this same date, the applicant  was  ordered
not to reenter or be found within the limits of the base  for  a  period  of
three years.

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.

_________________________________________________________________

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  took  notice  of  the  applicant’s
complete submission in judging the merits of the case; however, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge was consistent with the substantive requirements of the  discharge
regulation  and  within  the  commander’s  discretionary   authority.    The
applicant has provided no evidence  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.   We  considered  upgrading  the  discharge  based  on  clemency;
however, we do not find the evidence presented is sufficient  to  compel  us
to recommend granting the relief sought on that basis.   Therefore,  in  the
absence of evidence to  the  contrary,  we  find  no  basis  upon  which  to
recommend granting the relief sought.

_________________________________________________________________

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  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-2007-02842
in Executive Session on 30 October 2007, under the  provisions  of  AFI  36-
2603:


            Mr. Jay H. Jordan, Panel Chair
            Mr. Garry G. Sauner, Member
            Mr. Joseph D. Yount, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02842 was considered:

    Exhibit A.  DD Form 149, dated 13 August 2007 w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Negative FBI Investigative Report, dated
                21 September 07.
    Exhibit D.  Excerpt, AFI 36-3208, dated 9 July 2004.




                                   JAY H. JORDAN
                                   Panel Chair


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