RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03701
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be upgraded from general (under honorable
conditions) to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The cause of his release from active duty has been corrected and his credit
history will support it.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 April 1986. 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. The specific reasons for this action were
between 26 February 1987 and 1 July 1988 he wrote four dishonored checks,
was delinquent on three accounts and had two checks returned. He received
an Article 15, two Letters of Reprimand (LOR), counseling and an
Unfavorable Information File (UIF) was established. On 18 October 1988 and
23 October 1988 he had two more dishonored checks in the amount of $57.11
and $28.10 respectively, this resulted in the vacation of the suspended
reduction to airmen and his discharge package being initiated.
On 7 February 1989, the applicant acknowledged receipt of the discharge
notification, consulted counsel, and submitted statements on his own
behalf.
On 9 March 1989, he was discharged in the grade of airman. He served a
total of 2 years, 10 months and 22 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C. On 28
December 2007, a copy of the Investigative Report was forwarded to the
applicant for review and comment. The applicant's responded providing
rationale for the information contained in the Investigative Report, which
is attached at Exhibit D.
On 17 December 2007, a request for post-service information was forwarded
to the applicant for response within 30 days. In response to our request,
applicant provided post-service information, which is attached at Exhibit
E.
________________________________________________________________
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 RECOMMEDS:
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-
2007-03701 in Executive Session on 27 February 2008, under the provisions
of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Dee R. Reardon, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 October 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply.
Exhibit D. Letter, Applicant, dated 30 January 2008.
Exhibit E. Letter, Applicant, dated 10 February 2008.
MICHAEL J. MAGLIO
Panel Chair
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