AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
c. Three Letter of Debt Complaints/Dishonored Check
DOCKET NUMBER: BC-2012-00854
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His record is not unjust. He simply requests that his discharge
be upgraded so that, in the event of his death, his family will
be able to accompany him to his last resting place with full
military honors.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 1 May 86.
On 2 Sep 87, the applicant’s commander notified him he was
recommending him for discharge, and recommended him for
discharge from the Air Force for irresponsibility in the
management of personal finances and minor disciplinary
infractions. The proposed discharge was based on the following
actions he received between 6 Feb 87 and 5 Aug 87:
a. Six Letters of Reprimand (LORs), one with a Unfavorable
Information File (UIF); four for financial irresponsibility, one
for missing a military dental appointment, and one for being
continuously late for work.
Counseling (LOCs) for being late for work.
Letters.
On 24 Sep 87, the applicant waived his right to counsel and to
submit a statement on his own behalf.
b. Five counseling sessions or formal Letters of
discharge
for
of
misconduct—pattern
On 2 Oct 87, the case was reviewed and found to be legally
sufficient, and on 7 Oct 87 the discharge authority directed his
discharge.
On 14 Oct 87, he was furnished a General (Under Honorable
Conditions)
minor
disciplinary infractions, and was credited with 1 year,
5 months, and 14 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.
On 23 Jul 12, a copy of the FBI Investigative Report and a
request for post-service information was forwarded to the
applicant for review and comment 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 an error or injustice. We took
notice of the applicant’s complete submission in judging the
merits of the case; however, we do not find the documentation
presented sufficient to conclude the applicant has been the
victim of an error or injustice. Based on the available
evidence of record, it appears the applicant’s General (Under
Honorable Conditions) discharge for misconduct was consistent
with the substantive requirements of the discharge regulation
and within the discharge authority’s discretion. He has
provided no evidence which would lead us to believe otherwise.
In the interest of justice, we considered upgrading his
discharge on the basis of clemency; however, in the absence of
any evidence for us to consider in determining whether his post-
service accomplishments were sufficient to overcome the
misconduct that formed the basis of his discharge, we are not
inclined to grant the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we conclude that no
basis exists for us to recommend granting the relief sought in
this application.
________________________________________________________________
2
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-00854 in Executive Session on 6 Sep 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 9 Jan 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 23 Jul 12.
Panel Chair
Member
Member
3
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