RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-00039
            INDEX CODE:  A67.10
      XXXXXXX    COUNSEL:  NONE

             HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His General (Under Honorable  Conditions)  discharge  be  upgraded  to
Honorable, his type  of  separation  be  changed  from  Discharged  to
Retired, and his narrative  reason  for  separation  be  changed  from
Misconduct.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wrongfully discharged.  He  had  a  spotless  military  record,
pressed his uniform and polished his boots to  a  mirror  shine  every
day, received top scores in all  his  tests  and  performed  extensive
volunteer work in the military and  civilian  communities.   This  all
changed when he was brought up on larceny charges.  His close  friend,
a fellow airman, let him order  items  from  a  catalog  as  Christmas
presents for his parents.  Shortly thereafter, the applicant’s  friend
requested a character reference for use in his upcoming administrative
discharge  proceedings  for  drug  abuse.   On  the  advice   of   his
leadership, he declined the request.  Approximately 30 days later,  he
was brought up on larceny charges because his friend received the bill
for the catalog purchases and used it to retaliate  against  him.   He
never had a fair chance because his assigned legal  counsel  was  over
100 miles away.  Additionally, his friend was not available to testify
as he was discharged before his administrative discharge proceedings.

Since his discharge,  he  has  become  a  successful  Chief  Executive
Officer (CEO) of 15 small businesses  and  a  valuable  asset  to  the
Dallas community.  He continues to volunteer in the  community  as  he
did before and started a non-profit organization to  raise  funds  for
Hurricane Katrina victims while also doing work over  the  years  with
the Child Rescue Network.

In support of his request, the applicant provides a  copy  of  his  DD
Form 214, Certificate of Release or Discharge from Active Duty, and an
expanded statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records indicate he enlisted in the  Regular  Air
Force on 28 Jun 90 as an airman basic (E-1) for a period of four years
and was progressively promoted to the grade of airman first class  (E-
3) effective and with a date of rank of 28 Oct 91.

On 3 Nov 93, the applicant was notified by his commander of his intent
to  recommend  his  involuntary  discharge  for   minor   disciplinary
infractions.

The specific reasons for the action were:

     a.  He did, on or about 15 Oct 93,  indicate  he  completed  line
check procedures when  he  did  not,  for  which  he  received  verbal
counseling on 22 Oct 93.

     b.  He did, on or about 30 Oct 92, falsely pretend,  with  intent
to defraud, he was authorized to charge the cost of merchandise  to  a
certain Swiss Colony credit account, not his own,  for  which  he  was
reduced in rank to airman (E-2) via nonjudicial punishment.

     c.  He did, between Jul 92 and Jan 93, continue to receive  Basic
Allowance for Quarters (BAQ) at the with dependents rate after he  was
divorced, for which he received a letter of reprimand.

     d.  He did, on or about 16 Feb 93, falsely indicate  he  serviced
vehicles that were to be recalled, for which he received a  letter  of
reprimand and an Unfavorable Information File (UIF).

On 15 Nov 93, after  consulting  with  legal  counsel,  the  applicant
submitted statements in his defense.

The case  was  found  to  be  legally  sufficient  and  the  discharge
authority approved the commander’s recommendation.  On 1 Dec  93,  the
applicant was furnished a general discharge under  the  provisions  of
AFR 39-10 (minor disciplinary  infractions).   He  was  credited  with
three years, five months, and four days of active service.

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
(FBI) provided a copy of an investigative Report, which is at  Exhibit
C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends the request be dismissed as untimely because the
discharge was over 15 years ago.  Additionally, the applicant has  not
demonstrated an  error  or  injustice.   The  applicant  disputes  the
circumstances surrounding the Article 15 he  received  for  intent  to
defraud Swiss Colony.  However, the Article 15 only formed part of the
basis for his discharge.  Based on  the  documentation  on  file,  the
discharge, to include the characterization of service  was  consistent
with the procedural and substantive requirements  of  the  prescribing
directive and within the discretion of the discharge authority.

A complete copy of the AFPC/DPSOS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  24
Jun 09 for review and comment within 30 days.  As  of  this  date,  no
response has been received by this office (Exhibit E).

A copy of the FBI Report of Investigation  and  a  request  for  post-
service information was forwarded to applicant on 3 Sep 09 for  review
and comment within 30 days.  As of this date,  no  response  has  been
received by this office (Exhibit F).

_________________________________________________________________

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 an  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 applicant’s general discharge  for  minor  disciplinary
infractions was consistent with the substantive  requirements  of  the
discharge  regulation  and  within   the   commander’s   discretionary
authority.  He has provided no evidence which would lead us to believe
the characterization of his service, type of separation, or  narrative
reason for separation was improper or contrary to  the  provisions  of
the governing directive.  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.  In view of the foregoing, and in the absence of  evidence
to the contrary, we conclude that  no  basis  exists  to  upgrade  the
applicant’s general discharge.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2009-00039 in Executive Session on 28 Oct 09, under the provisions  of
AFI 36-2603:

            Mr. Gregory A. Parker, Panel Chair
            Mr. James L. Sommer, Member
            Ms. Shari Cohen, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Dec 08, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report.
     Exhibit D.  Letter, AFPC/DPSOS, dated 24 Jun 09.
     Exhibit E.  Letter, SAF/MRBR, dated 17 Jul 09.
     Exhibit F.  Letter, AFBCMR, dated 3 Sep 09, w/atch.




                                   GREGORY A. PARKER
                                   Panel Chair