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AF | BCMR | CY2008 | BC-2008-00861
Original file (BC-2008-00861.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00861
            INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXXXX  COUNSEL:  None
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was under stress because of his spouse’s actions.  He blames himself  for
not taking control of the situation.

In support of his appeal, the applicant provided a copy of his DD Form  214,
Certificate of Release or Discharge from Active Duty, driver’s license,  and
Social Security card.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  on  23  March  1989.   He  was
promoted to the grade of airman (E-2) before being demoted on 19  July  1990
to the grade of airman basic (E-1).  From 16  March  1990  through  11  July
1990, he wrote several bad checks  and  failed  to  maintain  funds  in  his
account to pay such funds, which resulted in a  Letter  of  Reprimand  (LOR)
and Letters of Counseling (LOC).  He received Article 15 punishment for  two
separate incidents for failure to go to his appointed place  of  duty.   The
punishment consisted of forfeiture of $100 pay per  month  for  two  months,
reduction in grade to airman basic, and 30 days correctional  custody.   The
portion of punishment having to do with reduction in  grade  and  forfeiture
of over $25 per month for two months was suspended  unless  sooner  vacated.
The suspended reduction in rank was vacated on 19  July  1990  when  it  was
discovered that just prior to entering Correctional Custody,  the  applicant
wrote a dishonored check to purchase uniforms.

On 24 July 1990, his commander notified  the  applicant  of  his  intent  to
recommend him for a general discharge  for  minor  disciplinary  infractions
under the provisions of Air Force Regulation  39-10,  Paragraph  5.46.   The
applicant acknowledged receipt of the notification, consulted  counsel,  and
submitted  statements  for  his  commander’s  consideration.   The   general
discharge was found legally sufficient on 6 August 1990.  The applicant  was
discharged  with  a  general  (under  honorable  conditions)  discharge  for
misconduct – pattern of minor disciplinary infractions, effective  7  August
1990 without probation or rehabilitation.  He served 1 year, 4  months,  and
17 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 26 March  2008,  the  applicant  was  given  the  opportunity  to  submit
comments about his post service activities (Exhibit C).  As  of  this  date,
this office has received no response.

_________________________________________________________________

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.  The applicant did not provide  persuasive
evidence showing the information in the discharge case was  erroneous,  his
substantial rights were violated,  or  that  his  commanders  abused  their
discretionary authority.  The character of discharge which  was  issued  at
the time of the applicant’s separation appears to  accurately  reflect  the
circumstances of his separation and we do not find it to  be  in  error  or
unjust.  In view of the foregoing and in the absence  of  evidence  by  the
applicant attesting to a successful post-service adjustment  in  the  years
since his separation, we are not inclined to extend clemency in this  case.
Therefore, in the absence of evidence to the contrary,  we  find  no  basis
upon which to recommend favorable action on 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 29 May 2008, under the provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Vance E. Lineberger, Member
      Mr. Garry G. Sauner, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2008-00861:

      Exhibit A.  DD Form 149, dtd 23 Feb 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, SAF/MRBC, dtd 26 Mar 08.




                                  WAYNE R. GRACIE
                                                   Panel Chair

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