RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER:  99-00266
                             INDEX CODE:  110.00

                       COUNSEL:  NONE

                       HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  (under  honorable  conditions)  discharge  be  upgraded  to  an
honorable discharge and his Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was received due  to  religious  beliefs  that  he  felt  were
inconsistent with service in the military.  He no longer has these  beliefs.
 He was eighteen/nineteen years old at  that  time.   He  has  matured  over
twenty years and has grown spiritually through the ministerial training  and
experience.

In support of his  request,  he  submits  a  personal  statement,  character
reference, and other documentation.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 August 1977  for  a  period
of four (4) years.

On 2 November 1979, applicant was notified  of  his  commander’s  intent  to
impose non-judicial punishment upon him for having  knowledge  of  a  lawful
order, issued by his superior, to report  to  the  Immunization  Clinic,  an
order which it was his duty to obey, did, on or about 5 October  1979,  fail
to obey the same.

Applicant waived his right to a trial by court-martial, he did  not  request
a personal appearance and did not submit a written presentation.

On 19 October 1981, he was found guilty by his  commander  who  imposed  the
following punishment:   Reduction  to  the  grade  of  airman  basic  and  a
forfeiture of $200.00 per month for two months.

Applicant did not appeal the punishment.  The Article 15 was  filed  in  his
Unfavorable Information File (UIF).

On 29 November 1979, the discharge  authority  approved  the  recommendation
for discharge for unsuitability  and  directed  the  applicant  be  given  a
general (under honorable conditions) discharge without probation.

On 3 December 1979, applicant was discharged in the grade of  airman  basic,
under the provisions of AFM 39-12  by  reason  of  (Unsuitability  -  Apathy
Defective  Attitude/Evaluation  Officer).   He  received  a  general  (under
honorable conditions) discharge.  He served 2 years, 4  months  and  3  days
total active duty.

Applicant received a RE code of “2B”.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., indicated that they were unable to  identify  with  arrest
record on basis of information furnished  (Exhibit F).

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ  AFPC/DPPRS,  reviewed  the
application and states that this  case  has  been  reviewed  for  separation
processing and there are no errors or irregularities  causing  an  injustice
to the applicant.  The discharge complied with the directives in  effect  at
the time of the applicant’s discharge.  The  applicant  has  not  identified
any  specific  errors  in  the  discharge  processing  or   provided   facts
warranting an  upgrade  of  the  discharge  he  received.   Therefore,  they
recommend denial of applicant’s request

A complete of the Air Force evaluation is attached at Exhibit C.


The Special  Programs  and  BCMR  Manager,  Directorate,  Personnel  Program
Management, HQ AFPC/DPPAES, also reviewed this application and  states  that
the Reenlistment Eligibility  (RE)  code  “2B”  is  correct.   The  type  of
discharge drove assignment of the RE code.

A complete of the Air Force evaluation is attached at Exhibit D.

____________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28  May
1999 for review and response within 30 days.  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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error  or  injustice  warranting  an  upgrade  of  his
discharge and a change in  his  RE  code  to  “3K.”   It  appears  that  the
applicant has graduated from college with a Bachelor of  Science  Degree  in
Pastoral Ministry  and  other  ministerial  training.   He  states  that  he
desires a chance to be commissioned in the Army as a Chaplain.  In  view  of
his accomplishments, we believe his discharge should be upgraded and  he  be
afforded the opportunity to apply  for  a  waiver  to  serve  in  the  armed
services.  Whether or not he is successful will depend on the needs  of  the
service and our recommendation in no way guarantees that he will be  allowed
to return to any branch of the service.  Therefore, we  recommend  that  his
records be corrected to reflect that on 3 December 1979,  he  was  honorably
discharged and was issued a RE code of  “3K”  (Secretarial  Authority).   In
view of his overall record, we do not recommend a further upgrade of his  RE
code.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be  corrected  to  show  that  on  3  December  1979,  he  was
honorably  discharged,  issued  a  Honorable  Discharge  certificate  and  a
Reenlistment Eligibility (RE) code of “3K”.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 5 October 1999, under the provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Edward H. Parker, Member
                  Mr. Patrick R. Wheeler, Member



All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 January 1999, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 10 May 1999.
   Exhibit D.  Letter, HQ AFPC/DPPAES, dated 13 May 1999.
   Exhibit E.  Letter, SAF/MIBR, dated 28 May 1999.
   Exhibit F.  FBI Report.



                                   BARBARA A. WESTGATE
                                   Panel Chair









































AFBCMR 99-00266




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating toxxxxxxxxx, be corrected to show that on 3 December 1979,  he  was
honorably  discharged,  issued  a  Honorable  Discharge  certificate  and  a
Reenlistment Eligibility (RE) code of “3K”.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency