RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01992
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions  (general)  discharge  be  upgraded  and  his
reenlistment code be changed.

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APPLICANT CONTENDS THAT:

His age and maturity level were  factors  that  led  to  his  offenses.   He
understands his offenses were inexcusable but he believes he  was  a  victim
of circumstance and was charged a bit unjustly.

Since his discharge, he has been an  exemplary  citizen.   This  is  further
substantiated by his academic achievements such as graduating  from  college
and becoming a firefighter for the City of New York.

In support of his  request  the  applicant  provides  a  personal  statement
(Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 December 1986 in the  grade
of airman basic (E-1) for a period of four  years.    He  was  progressively
promoted to the grade of airman first class (E-3), with a date of rank of  4
April 1988.  He was reduced to the grade of airman (E-2),  with  a  date  of
rank of 15 August 1988, pursuant to an Article 15.  He received  two  Airman
Performance Reports closing 4 December 1987 and 30  August  1988,  in  which
the overall evaluations were 9 and 6, respectively.

On 10 August 1988, applicant was  notified  of  his  commander’s  intent  to
impose non-judicial punishment against him under Article 15, UMCJ.   It  was
alleged the applicant had stolen $160.00 in cash, a purse and a  coat  of  a
value of about $250.00.  After considering all  matters  presented  to  him,
the commander found that the applicant did commit the  offense  and  imposed
punishment in the form of reduction to the grade of airman, with a  date  of
rank of 15 August 1988, forfeiture of $160.00 pay per  month  for  1  month,
and restriction to the limits of Vandenberg Air Force Base for 30 days.

On 14 September 1988, the applicant was notified of his  commander’s  intent
to  recommend  his  discharge  for  commission  of  a  serious  offense   in
accordance with AFR 39-10, paragraph 5-49d,  with  the  characterization  of
his service as general.  He was advised of his rights and he consulted  with
counsel and elected not to submit statements in his own behalf.  In a  legal
review of the discharge  case  file,  the  staff  judge  advocate  found  it
legally sufficient and recommended that he be discharged from the Air  Force
with a general  discharge  without  probation  and  rehabilitation.   On  28
September 1988, the discharge authority directed that he be discharged  with
a  general  under  honorable  conditions   discharge.    Subsequently,   the
applicant was discharged under the provisions of  AFR  39-10  (Misconduct  –
Other Serious Offenses) and received a General (Under Honorable  Conditions)
discharge.  He served 1 year, 10 months, and 1 day on active duty.

On 27 August 1992, the Air  Force  Discharge  Review  Board  considered  the
applicant’s  request  for  discharge  upgrade  and  change  of  reason   for
discharge and denied his requests (Exhibit E).

On 10 October 2001, the Federal Bureau of Investigation  advised  they  were
unable to locate any arrest records on the applicant.  This  information  is
at Exhibit F.

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AIR FORCE EVALUATION:

The Assistant NCOIC, Separation  Procedures  Section,  AFPC/DPPRS,  reviewed
the applicant’s request and recommends  denial.   DPPRS  states  that  based
upon the documentation in  his  records,  they  believe  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation.   Applicant has  not  provided  any  new  evidence  or
identified any errors in his discharge process (see Exhibit C).

The Assistant Chief,  Skills  Management  Branch  reviewed  the  applicant’s
request and determined that the Reenlistment Eligibility (RE)  code  of  2B,
“Separated with a general or  under-other-than-honorable-conditions  (UOTHC)
discharge” is correct (see Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force  evaluations  were  forwarded  to  applicant  on  31
August 2001 for review and response.  As of this date, no response has  been
received by this office (Exhibit H).

By letter dated 1 October 2001, it was requested that the applicant  provide
evidence pertaining  to  his  post-service  activities  (Exhibit  G).   This
office has not received a response from the applicant.

By letter dated 15 November 2001, a  second  letter  was  forwarded  to  the
applicant requesting he provide  evidence  pertaining  to  his  post-service
activities (Exhibit H).

On 14 December 2001, applicant provided two character reference  letters  in
support  of  his  request.   The  applicant’s  complete   submission,   with
attachments is at Exhibit I.

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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 injustice.  After a thorough review  of  the  evidence
of record we see no evidence to show  that  the  applicant’s  discharge  was
erroneous  or  unjust.   Nevertheless,  after  reviewing   the   applicant’s
submission we are of the opinion that the applicant has provided  sufficient
evidence to lead us to conclude that in the years following his  separation,
he has made a successful adjustment to civilian life.  This  is  evident  by
his completion of college and service to  his  community  by  serving  as  a
firefighter for the City  of  New  York.   In  view  of  this  fact  and  in
consideration of the applicant’s age and apparent immaturity at the time  of
his enlistment, we believe he should be given the opportunity to  apply  for
enlistment by upgrading his discharge to honorable and changing his RE  code
to “3A”, a waiverable code. 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  service.   Accordingly,  we
recommend that his records be corrected as indicated below.

_________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 4 October 1988  he  was  honorably
discharged under the provisions of AFR 39-10, 
paragraph 1.2 (Secretarial Authority), with a separation code of  “JFF”  and
issued an RE Code of “3A.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 27 February 2002, under the provisions of AFI 36-2603:

      Mr. David W. Mulgrew, Panel Chair
      Mr. Jay H. Jordan, Member
      Ms. William Edwards, Member

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

     Exhibit A.  DD Form 149, dated 7 Jul 01 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 17 Aug 01.
     Exhibit D.  Letter, AFPC/DPPAE, dated 24 Aug 01.
     Exhibit E.  Letter, AFDRB, dated 19 Oct 92.
     Exhibit F.  Letter, FBI Negative Reply, dated 28 Sep 01.
     Exhibit G.  Letter, AFBCMR, dated 1 Oct 01.
     Exhibit H.  Letter, SAF/MIBR, dated 31 Aug 01.
     Exhibit I.  Letter, Applicant, dated 14 Dec 01.




                             DAVID W. MULGREW
                                             Panel Chair

AFBCMR 01-01992




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     be corrected to show that on 4 October 1988, he was
honorably discharged under the provisions of AFR 39-10, paragraph 1.2
(Secretarial Authority), with a separation code of “JFF” and issued an RE
Code of “3A,” and was furnished an Honorable Discharge certificate.




                                           JOE G. LINEBERGER
                                           Director
                                           Air Force Review Boards Agency