RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01834
            INDEX CODE:  100

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for his separation be changed  from  “Involuntary
discharge:  Moral Misconduct or  Professional  Dereliction:   Loss  of
Professional   Status”   to   “Involuntary   Discharge:    Secretarial
Authority” so that he may serve in the Air National Guard (ANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  narrative  and  codes  came  from  a  pre-disposed  list  and  is
disproportionate  to  the  request  and  therefore   is   subject   to
reevaluation.  The proposed change to “secretarial authority” is  more
appropriate.  The narrative reason for separation  is  misstated.   He
was guilty of no moral misconduct and did not  lose  his  professional
status.  Letters of reference compiled by  his  Area  Defense  Counsel
(ADC) reflected his moral conduct.  His Officer Effectiveness  Reports
(OERs) documented his competent optometry performance  and  commitment
to military officership.  His hospital commander chose to separate him
from the Air Force rather than exercise his option to  further  extend
his service, anticipating his successful completion of  state  license
in Optometry.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a first lieutenant, Reserve of the Air  Force,
and ordered to extended active duty on 20 Jan 88.

Applicant’s OER/Officer Performance Report (OPR) profile follows:





            PERIOD ENDING          OVERALL EVALUATION

             19 Jul 88                   1-1-1
             10 Oct 88               Meets Standards
             10 Apr 89               Meets Standards
             10 Oct 89     Does Not Meet Standards (Referral Rpt)

On 12 Dec 89, the commander notified the applicant that he was  taking
action against applicant because of his failure to achieve  acceptable
standards of proficiency required of an officer in  applicant’s  grade
and position, to wit:  his failure to possess and maintain a  current,
valid license to provide patient care services within  the  discipline
of optometry.  The commander stated that Department of  Defense  (DOD)
Directive 6025.6, paragraph F1, required  all  DOD  optometrists  must
provide proof of a current valid  license  to  practice  optometry  by
31 Jul 89, otherwise such optometrists could not provide  health  care
independently to patients  except  under  supervision  of  a  licensed
person in optometry or a similar discipline.  Applicant entered active
duty on 20 Jan 88 and failed to ever pass the examination required for
obtaining a license in optometry.  The commander further  stated  that
applicant had, on at least 2 occasions,  failed  the  examination  for
license in both  the  states  of  Oklahoma  and  Texas.   Accordingly,
applicant could no longer provide optometry health care  independently
as his position required.

On 11 Jan  90,  applicant  acknowledged  receipt  of  the  commander’s
notification and indicated that he  was  not  eligible  for  voluntary
retirement; that he did not tender his resignation; he did  desire  to
comment; and, that he was counseled by the ADC.

On 28 Feb 90, the vice commander notified the applicant  that  he  was
recommending applicant be discharged and that he receive an  honorable
discharge.

On  7 Mar  90,  the  applicant  acknowledged  receipt  of   the   vice
commander’s notification letter.

On 1 Jun 90, the Deputy for Air Force Review Boards indicated that  by
direction of the President, the Secretary of  the  Air  Force  ordered
that the  appointment  of  the  applicant  as  a  Reserve  officer  be
terminated pursuant to AFR 36-12, paragraph 3-14,  and  directed  that
applicant be issued an honorable discharge certificate  from  the  Air
Force.

On 14 Jun 90, the applicant was discharged under the provisions of AFR
36-12  (Involuntary  Discharge:   Misconduct  Moral  or   Professional
Dereliction:  Loss of Professional Status) in  the  grade  of  captain
with an honorable characterization of service.  He was credited with 2
years, 4 months, and 25 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

On 7 Oct 98, the Air Force Discharge Review  Board  (AFDRB)  concluded
that the applicant's discharge was consistent with the procedural  and
substantive requirements of the discharge regulation  and  was  within
the discretion of the discharge authority and that the  applicant  was
provided full administrative due process.  However,  in  view  of  the
foregoing findings, the AFDRB further concluded that  the  reason  for
discharge was more  accurately  described  as  Involuntary  Discharge:
Miscellaneous/General  Reasons.   Therefore,  the  AFDRB  changed  the
applicant’s   reason   for   discharge   to   Involuntary   Discharge:
Miscellaneous/General Reasons (see  Exhibit C).   In  accordance  with
policy, the application  was  forwarded  to  this  Board  for  further
consideration.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The decision of the AFDRB was forwarded to the  applicant  for  review
and response on 6 Nov 98.  As of  this  date,  no  response  has  been
received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that the narrative  reason  for  his  separation  should  be
changed to Secretarial Authority.   We  note  the  AFDRB  changed  the
reason for discharge to Involuntary Discharge:   Miscellaneous/General
Reasons.  While applicant’s contentions are duly noted, we do not find
these uncorroborated assertions, in and  by  themselves,  sufficiently
persuasive to override  the  rationale  provided  by  the  AFDRB.   We
therefore   agree   with   the   decision   of    the    AFDRB    that
Miscellaneous/General   Reasons   more   accurately   describes    the
circumstances under which the applicant left the service.   Therefore,
we find no compelling basis to recommend granting further relief.

_________________________________________________________________




THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  this  application  in
Executive Session on 27 July 1999, under the provisions of  Air  Force
Instruction 36-2603:

                  Mr. Oscar A. Goldfarb, Panel Chair
                  Mr. Patrick R. Wheeler, Member
                  Mr. Charlie E. Williams, Jr., Member
                Mrs. Joyce Earley, Examiner (without vote)

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Jun 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Brief, dated 7 Oct 98.
     Exhibit D.  Letter, AFBCMR, dated 6 Nov 98.




                                   OSCAR A. GOLDFARB
                                   Panel Chair