RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03545
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
He and his spouse were very young and had communication issues
which resulted in both of them writing bad checks while he was
stationed in Germany. He was able to borrow money from his
parents to cover all of the returned checks and overdraft fees.
His commander at the time informed him that if he sent his
spouse and two young children back to the United States, moved
into the dorms and accepted a reduction in grade to E1 he would
let him cross-train into a different career field. He agreed to
all of the conditions. However, he was discharged with an
UOTHC.
His service record was not perfect but was clean and he received
the Air Force Good Conduct Medal with one device, Air Force
Overseas Ribbons both Long and Short, Air Force Longevity
Service Award Ribbon, Small Arms Marksmanship Ribbon, and the
Air Force Outstanding Unit Award.
From the time of his discharge he has worked hard and used what
he learned in the Air Force. Based on his service time and
commitment to the Air Force he respectively request
consideration of his application to upgrade his discharge to
general under honorable conditions.
In support of his appeal, the applicant provides a personal
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Mar 83, the applicant enlisted in the Regular Air Force
for a period of four years. On 14 Mar 86, he was promoted to
the grade of senior airman (SrA/E-4).
On 9 Feb 90, the squadron commander notified the applicant of
administrative discharge action for misconduct, commission of a
serious offense. The specific reasons for this action were:
Between Aug to Sep 89, the applicant did make and utter
several checks drawn upon the Merchants National Bank and Trust
Company, made payable to the order of AAFES-Europe, for the
purpose of obtaining lawful currency or other items of value,
and did thereafter dishonorably fail to maintain sufficient
funds in said bank for payment of those checks in full upon
presentment for payment.
On 29 Jan 90, the applicant received an Article 15; his
punishment consisted of reduction to the grade of airman basic,
with a Date of Rank of 29 Jan 90 and 45 days of extra duty.
On 9 Feb 90, the applicant acknowledged receipt of the
notification for discharge and after consulting with counsel and
having been advised of his rights. On 21 Feb 90, he submitted
an unconditional waiver of his right to appear before an
administrative discharge board. On 2 Apr 90, the staff judge
advocate found the case file legally sufficient and recommended
he receive an UOTHC discharge without probation and
rehabilitation (P&R). On 2 Apr 90, the discharge authority
accepted the unconditional waiver and approved the UOTHC
discharge without P&R.
On 23 Apr 90, the applicant was discharged by reason of
misconduct other serious offenses, with service characterized
as UOTHC. He was credited with 7 years, 1 month and 10 days of
active duty service.
________________________________________________________________
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 during the discharge process. 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. In the interest of
justice we considered upgrading his discharge on the basis of
clemency; however, based on his overall record of service, we
are not persuaded that an upgrade of the characterization of his
discharge is warranted on that basis. Should the applicant
provide additional information, e.g., post-service documentation
to support his claim, we would be willing to reconsider his
request. In view of the above and 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 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-2013-03545 in Executive Session on 17 Jun 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jul 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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