RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01255
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did everything he could to comply with Air Force weight
standards. He had problems attending most physical training
sessions because he was not mature enough at the time.
Additionally, he made a huge mistake when he wrote bad checks.
His cousin stated if you write a check the people already know
that youre in the military and they wont come after you. He
discovered he made a terrible mistake because he was immature
and naive.
In support of his request, the applicant provides a personal
statement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 August 1987, the applicant enlisted in the Regular Air
Force.
On 27 January 1988, the applicant was entered into the Air Force
Weight Management Program (WMP) for exceeding his maximum
allowable weight. As a result he received a referral airman
performance report (APR) for the period 7 August 1987 through
25 April 1988.
On 5 February 1988, the applicant was notified of his
commanders intent to withhold his promotion to the grade of
airman (E-2), which was to be effective on 7 February 1988. The
specific reason for this action was his entry into the WMP.
On 7 April 1988, the applicant was notified of his commanders
intent to deny him the Air Force Good Conduct Medal (AFGCM) for
the period 7 August 1987 through 2 May 1988.
On 3 June 1988, the applicant was notified of his commanders
intent to recommend he be discharged from the Air Force under
the provisions of AFR 39-10, Administrative Separation of
Airmen, for conduct prejudicial to good order and discipline.
The specific reasons for this action were: 1) Between February
and May 1988, the applicant received four Letters of Counseling
(LOC) for violation of Article 86, Uniform Code of Military
Justice (UCMJ) (three for reporting late for duty and one for
failing to attend his mandatory aerobics class); 2) On 12 May
1988, he received a Letter of Reprimand (LOR), for violation of
Article 123a, UCMJ for writing 32 checks without sufficient
funds; 3) On 13 May 1988, he received a memo for record (MFR)
for six violations of Article 86, UCMJ (four for reporting late
for duty and two for failing to attend his aerobics classes);
and 4) On 9 March 1988, he received an Article 15 and
establishment of an Unfavorable Information File (UIF) for
violation of Article 86, UCMJ for failing to go to his place of
duty. His punishment consisted of forfeiture of $75 per month
for two months and 30 days extra duty.
On 3 June 1988, the applicant acknowledged receipt of the
notification of discharge. On 8 June 1988, the applicant
consulted counsel and submitted a statement in his own behalf.
On 10 June 1988, the Staff Judge Advocate recommended to the
Training Wing Commander that the applicant be discharged and
issued a general discharge. On 17 June 1988, the discharge
authority approved the applicants discharge. On 28 June 1988,
the applicant was discharged from the Air Force with a general
(under honorable conditions) discharge in the grade of airman
basic. He served 10 months and 22 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI), Clarksburg, WV, provided a copy of an
Investigative Report (Exhibit C).
On 13 May 2011, a copy of the Investigative Report and a request
for post-service information were forwarded to the applicant for
response within 30 days. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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. After
thoroughly reviewing the evidence of record, we find no evidence
to indicate that his discharge from the Air Force was
inappropriate, or that the actions taken to affect his discharge
and the characterization of his service were improper, contrary
to the provisions of the governing regulations in effect at the
time, or based on factors other than his own behavior and
inability to comply with standards. In addition, we find
insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. We have
considered the applicants overall record of service, the events
which precipitated the discharge, and the contents of the FBI
report; 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 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-2011-01255 in Executive Session on 21 June 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 March 2011, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigation, dated 27 April 2011.
Exhibit D. AFBCMR, Letter, dated 13 May 2011.
Panel Chair
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