RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02598
            INDEX NUMBER:  110.02

            COUNSEL:  DONALD G. BELLE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record is in error because his discharge was  based  on  an  Article  15
(plea bargain) and a Pattern  of  Conduct  Prejudicial  to  Good  Order  and
Discipline, which, in fact, was an Article 15  and  a  Letter  of  Reprimand
(LOR) for the same offense.  Additionally, the  applicant  states  that  the
general  discharge  has  resulted  in  him  being  turned  down  for  viable
employment.

In support of his appeal, applicant submitted a copy of  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 April 1987, the applicant enlisted in the Regular  Air  Force  in  the
grade of airman first class (E-3).  He received one performance report  with
an overall evaluation rating of 9.

On  18  November  1988,  the  squadron  commander  initiated  administrative
discharge action against the applicant for a Pattern of Misconduct,  Conduct
Prejudicial to Good Order and  Discipline.  The  specific  reasons  for  the
proposed action were that: on or about 14 June 1988, on Andersen AFB,  Guam,
the applicant wrongfully appropriated a GAU type M-16 rifle, of a  value  of
more than $100.00, the property of the United States Government, and  on  or
about 6 June 1988, applicant falsely made in its entirety  a  DD  Form  214,
Certificate of Release or Discharge from Active Duty, which form  would,  if
genuine,  apparently  operate  to  the  legal  harm  of  the  United  States
Government, by erroneously changing  his  pay  date  and  his  total  active
military service date, offenses for which he  received  an      Article  15,
with punishment consisting of a reduction in grade to airman  basic  and  30
days of extra duty; and on or about     6 June 1988, applicant submitted  16
forged  and  fraudulent        DA  Forms  87,   Department   of   the   Army
Certificates  of  Training,  and  computer  generated  products  to  the  XX
Security Police Squadron with intent to deceive, for  which  he  received  a
Letter of Reprimand.

On 21 November 1988, after consulting with counsel and having  been  advised
of his rights, applicant waived his right to submit  written  statements  in
his own behalf.  On 28 November 1988, the Staff  Judge  Advocate  found  the
case file to be legally  sufficient  to  support  a  general  discharge  for
misconduct,  conduct  prejudicial  to  good  order  and   discipline.    The
discharge authority approved a  general  discharge,  without  probation  and
rehabilitation.

On 7 December 1988, the applicant was discharged  under  the  provisions  of
AFR  39-10,  with  service  characterized  as   general   (under   honorable
conditions).  He served 1 year, 7 months, and 11 days on active duty.

On 18 January 1991, applicant appeared and testified before  the  Air  Force
Discharge Review Board (AFDRB).  The AFDRB found that  neither  evidence  of
record, nor that provided by the applicant,  substantiated  an  inequity  or
impropriety, which would justify  a  change  in  the  discharge  (see  AFDRB
Hearing Record at Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

The  Separations  Branch,  HQ  AFPC/DPPRS,  reviewed  this  application  and
recommended denial.  They found that the discharge was consistent  with  the
procedural  and  substantive  requirements  of  the  discharge   regulation.
Additionally, that  the  discharge  was  in  the  sound  discretion  of  the
discharge authority.  They also noted that the applicant did not submit  any
new evidence or identify any errors  or  injustices  that  occurred  in  the
discharge processing.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the Air Force evaluation, by letter dated 26  January
2001.  In his letter, he explained the quality of his service leading up  to
the incidents which led to his discharge, the nature of his misconduct,  and
his conduct since leaving the service.   The  applicant  submitted  numerous
letters of appreciation and certificates received while in  the  service  as
well as letters of recommendation  from  acquaintances,  a  criminal  record
check, and certificates of continuing educational achievements (Exhibit G).

_________________________________________________________________

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.  After  careful  consideration  of
the circumstances of this  case,  we  found  no  evidence  that  responsible
officials applied inappropriate standards in effecting the  discharge,  that
pertinent regulations were violated or that the applicant was  not  afforded
all the rights to which entitled at the time  of  discharge.   Nevertheless,
in reviewing the applicant’s overall record, it  appears  that,  except  for
the  misconduct  which  led  to  his  discharge,  he  had  been  a  good  to
outstanding airman.  In addition, the evidence provided  indicates  that  he
has overcome the behavioral traits  which  led  to  his  discharge  and  has
become a productive member of society.  This is evidenced in the letters  of
recommendation submitted in his behalf and the documentation related to  his
continuing education in the law enforcement area.  While we do  not  condone
the behavior which led to the applicant’s general discharge, we  believe  it
would be an injustice for  him  to  continue  to  suffer  from  its  adverse
effects.   Therefore,  we  recommend  that  the  characterization   of   his
discharge be upgraded to honorable on the basis of clemency.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 7 December 1988, he was  honorably
discharged and furnished an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 20 February 2001, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Steven A. Shaw, Member
                       Mr. Lawrence R. Leehy, Member

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

     Exhibit A.  DD Form 149, dated 15 Sep 00.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Hearing Record, dated 22 Jan 91.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 16 Oct 00.
     Exhibit E.  Letter, SAF/MIBR, dated 3 Nov 00.
     Exhibit F.  Letter, AFBCMR, dated 5 Jan 01.
     Exhibit G.  Letter, Applicant, dated 26 Jan 01, w/atchs.




                                  RICHARD A. PETERSON
                                  Panel Chair

AFBCMR 00-02598




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 to APPLICANT, be corrected to show that on 7  December  1988,  he
was honorably discharged and furnished an Honorable Discharge Certificate.





 JOE G. LINEBERGER

 Director

 Air Force Review Boards Agency