RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00087
                 INDEX:  110

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His general, under honorable conditions, discharge be upgraded  to
honorable.

2.  His date of  separation  (DOS)  from  the  Air  Force  Reserve  on
5 December 1997, be changed to reflect 12 February 1998.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He found that after his discharge he was not eligible for unemployment
benefits even though he served the Air Force for over three years  and
ten months.  He also finds that because of the  language,  “fraudulent
entry” into service, he is no longer  marketable  in  his  profession.
Applicant believes this is an injustice.  He believes that if the  Air
Force thought it just for him to work in the capacity he  did  for  as
long  as  he  did  after  the  Article  15,  he  should  be  honorably
discharged.  Applicant also feels that he should be paid from the time
he was separated up to 13 February 1998, which was his  original  date
of separation.

In support of his appeal, applicant  submits  personal  statements;  a
letter from the Department of Labor indicating that he is not eligible
for unemployment compensation; a response from the  Inspector  General
(IG), Headquarters 366th Wing, Mountain Home Air  Force  Base,  Idaho,
stating that  the  allegations  presented  in  his  inquiry  were  not
appropriate for IG  investigation;  documentation  from  his  military
personnel records; grade transcript  from  Montana  State  University;
and, letters of recommendation and appreciation.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a  Second  Lieutenant,  Nurse  Corps,  in  the
Reserve of the Air Force on 17  December  1993.   He  was  ordered  to
voluntary extended active duty on 13 February 1994 for a period of  48
months.

On 13 January 1997,  applicant’s  366th  Medical  Operations  Squadron
(MDOS)  Commander  recommended  that  the  Wing   Commander   consider
initiating discharge action against the applicant  under  AFI  36-3206
for  intentionally  misrepresenting  or  omitting  facts  in  official
statements, records or commissioning document.  The reasons  cited  by
the Squadron Commander for the recommended action was  that  applicant
received an Article 15, dated 13 December 1996.

The Article 15 was imposed for violation of Article 107, Uniform  Code
of Military Justice (UCMJ):  (1)  Applicant did, on or about 13 August
1993, with intent to deceive, sign an official record, AF  Form  2030,
USAF Drug and Alcohol Abuse Certificate, which  record  was  false  in
that he annotated that he had never done the following:   experimented
with marijuana; experimented with, used, or  possessed  any  dangerous
drug; been a supplier or distributor of or a trafficker in  marijuana,
and was then known by the applicant to be false.  (2)  Applicant  did,
at or near Mountain Home  Air  Force  Base,  Idaho,  on  or  about  26
September 1995, with intent to deceive, sign an  official  record,  DD
Form 398-2, Department of Defense National Agency Questionnaire, which
record was false in that he annotated  that  he  had  never  done  the
following:  been  arrested,  charged,  cited,  held,  or  detained  by
Federal, State, or other law enforcement authorities; tried or used or
possessed  stimulants  or  cannabis;  been  involved  in  the  illegal
purchase or sale of any stimulant  or  cannabis;  and  used  alcoholic
beverages resulting in disciplinary action or arrest  by  the  police,
and was then known by him (applicant) to be so false.  (3)   Applicant
did, at or near Mountain Home Air Force Base, Idaho, on or about 2 May
1996, with intent to deceive, make to Special Agent D---, an  official
statement, to wit:   “I  have  never  knowingly  used  illegal  drugs,
including marijuana.  Further, I  have  never  been  involved  in  the
purchase, sale or manufacture of illegal  drugs,”  or  words  to  that
effect, which statement was totally false, and was then known  by  you
to be so false.  [The Squadron Commander made no recommendation as  to
the characterization of discharge].

On 14 January 1997, in a memorandum for the 366th Wing Commander,  the
Wing Staff Judge Advocate (SJA) reviewed the recommendation for action
under AFI 36-3206 pertaining to the applicant  and  found  it  legally
sufficient to support the proposed action.  The  SJA  stated  that  an
officer whose discharge is in accordance  with  AFI  36-3206,  may  be
discharged under other  than  honorable  conditions,  under  honorable
conditions (general), or  honorable  conditions  as  directed  by  the
Secretary of the Air Force.

The 366th Wing Commander, on 21 January 1997, notified  the  applicant
that he was initiating action against him (applicant)  under  AFI  36-
3206, for intentionally misrepresenting or omitting facts in  official
statements, records or commissioning documents.   The  Wing  Commander
stated that he was taking the action for the  following  reasons:   He
cited the Article 15 action of 13 December 1996.  The  Wing  Commander
stated  that  the  applicant  may  tender  his  resignation  with  the
understanding that, if the Secretary of  the  Air  Force  accepts  the
resignation,  applicant  may  receive  a  discharge  under   honorable
conditions (general) unless the Secretary of the Air Force  determines
that applicant should receive an honorable discharge.

On  21  January  1997,  the  applicant  acknowledged   receiving   the
notification of action initiated under AFI 36-3206.  Applicant  stated
that he understood that he may contact the Area Defense Counsel,  that
he understood the  show-cause  authority  will  proceed  with  further
action if he did not submit a response within the allotted  time,  and
that he understood that if he  was  separated  before  completing  the
period of active duty he  agreed  to  serve,  he  may  be  subject  to
recoupment of a portion of education assistance, special pay, or bonus
money received.

On 29 January 1997, applicant submitted his resignation under AFI  36-
3207  instead   of   undergoing   further   administrative   discharge
proceedings.  The decision was made voluntarily after being  counseled
by the Area Defense Counsel.

The Wing Commander forwarded the applicant’s resignation to  the  Vice
Commander,  Air  Combat  Command   (ACC/CV),   on   4 February   1997,
recommending the Secretary of the Air  Force  accept  the  resignation
because applicant had shown a lack of integrity necessary for military
officers.  If the Secretary  accepted  the  resignation,  a  discharge
under honorable conditions (general) was recommended.

On 20 February 1997, the Commander,  12th  Air  Force  (HQ  12  AF/CC)
concurred with the Wing Commander and recommended that  the  Secretary
of the Air Force accept the tender of  resignation  of  applicant  and
issue a general discharge.

On 3 March 1997, the  Vice  Commander,  Air  Combat  Command  (ACC/CV)
indicated that applicant’s lack of integrity is contrary to  the  core
values and so profound that he should not be separated with  an  under
honorable conditions discharge absent a full airing of the case before
a board of inquiry.  He recommended the applicant’s resignation not be
accepted.

On 17 November 1997, the Secretary  of  the  Air  Force  accepted  the
resignation submitted by applicant, under the provisions  of  AFI  36-
3207 and directed he be discharged from the U. S.  Air  Force  with  a
general discharge.  The  Secretary  further  directed  that  applicant
reimburse the United States for the  unearned  portion  of  his  Nurse
Accession Bonus.

The applicant, while serving in the grade  of  first  lieutenant,  was
discharged with an under honorable conditions (general) discharge,  on
5 December 1997 under the provisions of AFI 36-3207 (Fraudulent  entry
Into Military Service).  His DD Form 214, Certificate  of  Release  or
Discharge From Active Duty, reflects no active duty served between  13
February 1994 and 5 December 1997.  Applicant did  serve  4  years,  3
months and 15 days of prior active duty in the U. S. Marine Corps.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Personnel   Management   Specialist,   Separations   Branch,   HQ
AFPC/DPPRS, states that this case has  been  reviewed  for  separation
processing and there  are  no  errors  or  irregularities  causing  an
injustice to the applicant.  His date of separation of 5 December 1997
was correct and complied with the action directive from the  Secretary
of the Air Force.  The discharge narrative reason of fraudulent  entry
into the military complies with Department of Defense Instructions and
AFI 36-3207 and the type of separation is according to the  directives
in effect at the time of his discharge.  Applicant  did  not  identify
any specific errors in the  discharge  processing  nor  provide  facts
which warrant a change in  his  reason  for  discharge,  his  date  of
separation, or the character of discharge he received.  They recommend
the application be denied.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 June 1998 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 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 his general discharge should be upgraded  to  honorable
or that his date of separation (DOS) from the Air Force Reserve should
be changed to reflect 12 February  1998.   His  contentions  are  duly
noted; however, we do not find these uncorroborated assertions, in and
by themselves,  sufficiently  persuasive  to  override  the  rationale
provided by the Air Force.  We note the honorable service he performed
while in the U. S. Marine Corps, and that he attended college prior to
entering the Air Force.  It appears that the applicant  performed  his
job in an outstanding  manner  and  he  submits  numerous  letters  of
recommendation from individuals who think highly of his character  and
his ability to perform his position as a nurse.  However, at the  time
he entered the Air Force, he failed to  disclose  prior  offenses  and
falsified a DD Form 398-2 by denying that he had ever been arrested or
detained by law enforcement authorities, used marijuana, and had  been
arrested.  These offenses, in our opinion,  were  of  such  a  serious
nature that his failure to disclose this information prior to entering
the Air Force cannot be dismissed or condoned.  The  narrative  reason
for separation, which reflects fraudulent  entry,  dictates  that  the
period of service he performed in the Air Force was declared null  and
void and he is not entitled to receive unemployment compensation.   In
view of the foregoing, we find applicant has  failed  to  sustain  his
burden  that  he  has  suffered  either  an  error  or  an  injustice.
Therefore, we agree with the recommendations of the Air Force and find
no error in the applicant’s discharge processing, and in  the  absence
of persuasive evidence to the contrary, we find  no  compelling  basis
upon which to recommend granting the requested 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 11 February 1999, under the provisions of AFI 36-
2603.

                  Ms. Patricia J. Zarodkiewicz, Panel Chair
                  Mr. William H. Anderson, Member
                  Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Jan 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 4 Jun 98.
   Exhibit D.  Letter, AFBCMR, dated 22 Jun 98.




                              PATRICIA J. ZARODKIEWICZ
                              Panel Chair