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AF | BCMR | CY2008 | BC-2007-03701
Original file (BC-2007-03701.doc) Auto-classification: Denied

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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