RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-
03666
                                        INDEX CODE:  110.00

                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His behavior off duty warranted punishment but at no time  did  his
misconduct affect his duties as an F-4 crew chief.  At the time  of
his separation there was a push to downsize the Air Force and early
outs were being offered.  His disciplinary  infractions  would  not
have resulted in a discharge under normal conditions.

Since his discharge he has earned a Bachelors  Degree  in  Criminal
Justice, and has been a sworn law enforcement officer for 12 years.
 He currently holds the rank of sergeant and serves as a  detective
and supervisor of the  Youth  Investigations  Unit  of  the  Mobile
County Sheriff’s Office.  He has received a Sheriff’s  Citation,  2
Service Ribbons, a Letter of Commendation, 6 Commander’s Citations,
and has been named Deputy of the Month twice.

Applicant did not provide any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 March 1981.

On 12 November 1982, the applicant’s commander notified him that he
was recommending a discharge  for  a  pattern  of  misconduct.   He
recommended  a  general  discharge.   Basis  for  the  action:   On
25 August 1982, a Record of Counseling for  speeding;  on  6  April
1982, a Letter of Reprimand for allowing marijuana in a  government
vehicle he was driving; on 7  January  1983,  an  Article  15,  for
stealing government property; on 21 January 1983,  an  Article  15,
for wrongful use of marijuana; on   24  March  1983,  a  Letter  of
Counseling, for failing to get his hair cut; on 25  March  1983,  a
Letter  of  Reprimand,  for  violation  of  AFR  35-10.   Applicant
consulted counsel and submitted a rebuttal requesting an  honorable
discharge or probation and rehabilitation (P&R).   The  base  legal
office reviewed the case and found it legally sufficient to support
discharge  and  recommended   discharge   without   probation   and
rehabilitation  (P&R).   The  Discharge  Authority   approved   the
separation and ordered a general discharge without P&R.

The applicant, while serving in the grade of airman, was discharged
from the Air Force on 23 May 1983, under the provisions of AFR  39-
10 (misconduct - pattern of minor disciplinary infractions) with an
under honorable conditions (general) discharge.  He served 2 years,
2 months and 11 days of total active service.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, indicated on the basis of
the data furnished they were unable  to  locate  an  arrest  record
(Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the  discharge  was  consistent
with the procedural and substantive requirements of  the  discharge
regulation.  Additionally, the discharge was within the  discretion
of the discharge authority.  Therefore, they  recommend  denial  of
the applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that he  has
dedicated his adult life to protecting innocents from harm.  He has
been in shoot-outs and has successfully negotiated the safe release
of hostages and convinced barricaded criminals to surrender without
harm coming to any  participants.   He  has  saved  lives  and  has
sustained serious injury in the performance of his job.  He  is  an
honorable  man  now  and  was  then.   He  was  raised  to   accept
responsibility for his actions, which  he  did.   His  father  also
taught him that it was ok to make mistakes as long  as  he  learned
from them.  He states that he has and he did.  He now  asks  to  be
forgiven for those mistakes and that his discharge be  upgraded  to
honorable.

In February 2003, the  applicant  provided  an  additional  undated
letter that outlined his accomplishments since his discharge.

Applicant's  complete  response,  with  attachment  and  additional
letter, with attachments, are attached at Exhibit F.

_________________________________________________________________

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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of  probable  error  or  injustice.   The
majority of the Board found no impropriety in the  characterization
of applicant’s discharge.  They also found insufficient evidence to
warrant a recommendation that the  discharge  be  upgraded  on  the
basis of clemency and denied  his  request.   His  contentions  are
noted; however,  it  appears  that  responsible  officials  applied
appropriate standards in effecting the separation, and the majority
of the Board does  not  find  persuasive  evidence  that  pertinent
regulations were violated  or  that  the  service  member  was  not
afforded all the rights to which entitled at the time of discharge.
 The Board majority noted the evidence provided  by  the  applicant
pertaining to his post service activities  and  does  not  find  it
sufficient to warrant relief based on clemency in  the  form  of  a
fully honorable discharge.  The Board majority’s  opinion  in  this
regard is based on the short period of time  the  applicant  served
and  the  seriousness  and  multiplicity  of  the  infractions   he
committed against the good order and discipline of the service.  In
view of the above, the Board majority finds the applicant’s service
is accurately characterized as  “under  honorable  conditions”  and
finds no basis upon which to recommend  favorable  action  on  this
application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 19 March 2003, under the provisions of AFI 36-
2603:

            Mr. Roscoe Hinton, Jr., Panel Chair
            Ms. Dorothy P. Loeb, Member
            Ms. Patricia D. Vestal, Member

By  a  majority  vote,  the  Board  recommended   denial   of   the
application.  Ms. Loeb voted to correct the records  but  does  not
desire to submit a  Minority  Report.   The  following  documentary
evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Nov 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFPC/DPPRS, dated 13 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Dec 02.
    Exhibit F.  Applicant’s Responses, dated 23 Dec 02, w/atchs and
                the undated letter, w/Atch.




                                   ROSCOE HINTON JR.
                                   Panel Chair






AFBCMR BC-2002-03666
INDEX CODE:  110.00





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that
applicant had not provided substantial evidence of error or
injustice and recommended the case be denied.  I concur with that
finding and their conclusion that relief is not warranted.
Accordingly, I accept their recommendation that the application be
denied.

      Please advise the applicant accordingly.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                          CORRECTION OF MILITARY RECORDS (AFBCMR)


FROM:  SAF/MRB


SUBJECT:  , AFBCMR Docket Number 02-03666

      I have carefully considered all aspects of this case and do not
agree with the majority of the panel that the applicant’s request
should be denied.

      After reviewing the available documentation, I believe
applicant’s discharge should be upgraded, on the basis of clemency
based on extraordinary post service accomplishments.

      Applicant has had to live with the adverse effect of his under
honorable conditions discharge for 20 years, and while the discharge
may have been appropriate, I believe it would be an injustice for him
to continue to suffer from its effects.  From the evidence before me,
it appears that applicant performed his duties well while in the
service, with the exception of the behavior which led to his discharge
and has been a law-abiding citizen since his separation.

      Certainly I do not condone the behavior that led to his under
honorable conditions discharge; however, it serves no useful purpose
to the Air Force or to society in general to continue the nature of
his discharge at this late date.  Therefore, it is my decision that
his discharge be upgraded to an honorable discharge.





                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency





AFBCMR 02-03666
INDEX CODE:  110.00




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 23 May 1983, he was honorably
discharged and furnished an Honorable Discharge certificate.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency