RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00512
					COUNSEL: NONE
		HEARING DESIRED: NO 


APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He was young and bounced checks in an attempt to pay airless fares 
so his new wife and kids could visit him in South Korea.  He made 
more than two moral calls per month which resulted in Article 15s 
and a reduction in rank.  He did not receive adequate legal advice 
or representation from his supervisors or attorney.  He was 
homesick and accepted the discharge.  He regrets not seeking 
correct representation and keeping his honor. 

The Board should consider his untimely application in the interest 
of justice because he would like to keep the honor of serving his 
country and to be eligible for Department of Veteran’s Affairs 
benefits or services. 

The applicant did not provide any documentation in support of his 
request.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 27 Aug 92, the applicant enlisted in the Regular Air Force.

On or about 15 and 18 May 96, the applicant with intent to 
defraud, falsely pretended to be someone other than himself, 
knowing the pretenses were false and by means thereof wrongfully 
obtained from the USAF and Sprint Global I telephone services, of 
a value of about $188 to wit:  morale calls.  In addition, the 
applicant also failed to obey a lawful order issued by the wing 
commander not to make more than two moral calls per month.  For 
this misconduct, he was given Non-Judicial Punishment (NJP) under 
Article 15, Uniform Code of Military Justice (UCMJ), with a 
suspended reduction to the grade of airman first class until 
25 Dec 96, and 30 days extra duty.  This action resulted in an 
Unfavorable Information File (UIF).

On or about 4 and 18 Dec 96, the applicant wrote five non-
sufficient funds checks in the total amount of $1,000 for the 
purpose of procuring cash, and did thereafter dishonorably fail to 
maintain sufficient funds in the credit union for payment of such 
checks in full upon their presentation for payment.  For this 
misconduct, he received another Article 15, with reduction to the 
grade of airman first class, restriction to the base for 45 days, 
and 45 days extra duty, which was placed in his existing UIF.  

On or about 2 Feb 97, the applicant made and uttered a check in 
the amount of $67.73 and did thereafter fail to place/maintain 
sufficient funds in the credit union for payment of such check in 
full upon its presentation for payment.  For this misconduct, he 
received a Letter of Reprimand (LOR), which was placed in his UIF.  

On 23 Apr 97, the applicant was notified of his commander’s intent 
to recommend that he be discharged from the Air Force under the 
provisions of AFI 36-3208, Administrative Separation of Airman, 
paragraph 5.49 for Minor Disciplinary Infractions.  The commander 
noted the applicant had been punished under Article 15 and despite 
efforts to rehabilitate him, the applicant continued to engage in 
misconduct.  The applicant acknowledged receipt of the 
notification of discharge.  

After consulting with legal counsel, the applicant submitted a 
statement on his own behalf.  

On 14 May 97, the staff judge advocate reviewed the case and found 
it legally sufficient to support discharge and recommended to the 
wing commander that the applicant receive a general (under 
honorable conditions) discharge without the offer of probation and 
rehabilitation.  

On 15 May 97, the discharge authority approved the applicant’s 
discharge.  On 23 May 97, the applicant was discharged for 
“Misconduct” with service characterized as general (under 
honorable conditions).  He served 4 years, 8 months and 27 days of 
total active service. 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) indicated that on the basis of the information 
provided, they were able to locate an arrest record.

On 21 Mar 14, the AFBCMR Board staff offered the applicant the 
opportunity to provide information pertaining to his activities 
since leaving the service (Exhibit D).  As of this date, no 
response has been received by this office. 


THE BOARD CONCLUDES:

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 discharge was 
consistent with the substantive requirements of the discharge 
authority.  The applicant has provided no evidence which would 
lead us to believe the characterization of 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 the characterization of the 
applicant’s discharge based on clemency; however, after 
considering his overall record of service, the infractions which 
led to his administrative separation and the lack of post-service 
information we are not persuaded that an upgrade is warranted.  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 in this application. 


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-2014-00512 in Executive Session on 20 Nov 14, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered pertaining to 
AFBCMR Docket Number BC-2014-00512:

	Exhibit A.  DD Form 149, dated 29 Jan 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin – Upgrade of Discharge – 
                 Clemency
	Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 14

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