RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03806
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (UOTHC)  discharge  be
upgraded to a general discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

In the interest of  fairness  and  justice  his  discharge  should  be
upgraded.

In support of his request, the applicant submits a personal statement,
a copy of DD Form 293 (Application for  the  Review  of  Discharge  or
Dismissal from the Armed Forces of the  United  States),  a  statement
from his brother, with exhibits, and additional  documents  associated
with the issues cited in his contentions.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 26 Oct
78.  He was progressively promoted to the grade of airman first class,
with an effective date and date of rank of 26 Oct 79.   The  applicant
was subsequently reduced to the grade of airman basic (E-2),  with  an
effective date and date of rank of 14 Oct 80, due to  an  Article  15,
dated 7 Oct 80.

On 24 Nov 80, the applicant received notification that  he  was  being
recommended for  discharge  due  to  his  frequent  involvement  of  a
discreditable nature with military authorities.   On  1  Dec  80,  the
applicant consulted with legal counsel and submitted an  unconditional
waiver to an administrative discharge  board.   The  reasons  for  the
discharge action follows:

      -  Two Records of Counseling (ROC) for reporting late for  duty,
dated 22 Jun 79 and 28 Sep 79.

      -  A Letter of Reprimand (LOR), dated 11 Jul 80,  for  reporting
late for duty and an LOR, dated 5 Aug  80,  for  negotiating  a  check
without sufficient funds.

      -  Three Articles 15 as follows:

(1)  On 25 Aug 80, applicant was notified of his commander's intent to
impose nonjudicial punishment for failure to go to appointed place  of
duty, in violation of Article 86, UCMJ.  Applicant elected nonjudicial
punishment under Article 15.  After considering all matters  presented
to him, the commander found that the applicant did commit one or  more
of the offenses alleged.  The commander imposed punishment  consisting
of a forfeiture of $100.00 per month for two months, but that  portion
of punishment in excess  of  $50.00  per  month  for  two  months  was
suspended until 28 Feb 81.  Applicant did not appeal the punishment.

On 11 Sep 80, applicant was notified  of  his  commander's  intent  to
vacate the suspended nonjudicial punishment because he again failed to
report for duty  at  the  appropriate  time.   After  considering  all
matters presented to him on 12 Sep 80, the  commander  determined  the
applicant had not demonstrated that  he  would  comply  with  required
standards  of  performance.   Therefore,  the  commander  vacated  the
suspension of the forfeiture and executed the sentence of  $50.00  per
month for two months.

(2)  On 7 Oct 80, applicant was notified of his commander's intent  to
impose nonjudicial punishment for failure to go to appointed place  of
duty on 26 Sep, 29 Sep and 30 Sep 80,  in  violation  of  Article  86,
UCMJ; failure to obey a lawful order on 28 Sep  80,  in  violation  of
Article 92, UCMJ; and, failure to obey a lawful command, in  violation
of Article 90, UCMJ.  Applicant elected nonjudicial  punishment  under
Article 15.  The commander, on 14 Oct 80,  determined  that  applicant
was guilty of  the  offenses  and  imposed  punishment  consisting  of
forfeiture of $224.00 per month for two months,  restriction  to  base
for 45 days, and a reduction to the grade of airman basic, with a  new
date of rank of 14 Oct 80.  Applicant did not appeal the punishment.

(3)  On 21 Oct 80, applicant was notified of his commander's intent to
impose nonjudicial punishment for being disrespectful to his  superior
noncommissioned officer, in violation of Article 91, UCMJ.   Applicant
elected nonjudicial punishment under Article  15.   After  considering
all matters presented to him, on 13 Nov 80, the commander  found  that
the applicant did commit one or more of  the  offenses  alleged.   The
commander imposed punishment consisting of a forfeiture of $100.00 per
month for two months.  Applicant did not appeal the punishment.  As  a
result of this nonjudicial punishment, the applicant was restricted to
base during the period 13 Nov - 27 Dec 80.

On 7 Jan 81, the applicant received  an  under  other  than  honorable
conditions discharge under the provisions of AFR 39-12  (misconduct  -
frequent involvement with military authorities -  board  waiver).   He
had completed a total of 2 years, 2 months and 12 days and was serving
in the grade of airman basic (E-1) at the time of discharge.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be  denied.   DPPRS  believes
the discharge was  consistent  with  the  procedural  and  substantive
requirements of the  discharge  regulation.   DPPRS  states  that  the
applicant did not submit any new evidence or identify  any  errors  or
injustices that occurred in the discharge  processing.   Additionally,
he provided no facts warranting an upgrade of his discharge.   The  HQ
AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  17
Jan 03 for review and response.  As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________

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  error  or  injustice.   We  took  notice  of   the
applicant’s complete submission in judging the  merits  of  the  case.
However, after thoroughly reviewing applicant’s entire record and  the
circumstances surrounding the discharge in 1981, we found no  evidence
that  responsible  officials  applied   inappropriate   standards   in
effecting  the  applicant’s  discharge,  that  pertinent   Air   Force
regulations were violated or that the applicant was not  afforded  all
the rights to which entitled at the time of discharge.  In view of the
above and in the absence of sufficient evidence that  the  applicant’s
substantial rights were violated, that the  information  contained  in
the discharge case file was erroneous, or that  his  superiors  abused
their discretionary  authority,  we  are  not  inclined  to  favorably
consider his request for upgrade of his discharge.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 13 Mar 03, under the provisions of AFI 36-2603:

                  Mr. David W. Mulgrew, Panel Chair
                  Mr. Billy C. Baxter, Member
                  Mr. Clarence D. Long III, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2002-03806.

   Exhibit A.  DD Form 149, dated 12 Dec 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 7 Jan 03.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.




                                   DAVID W. MULGREW
                                   Panel Chair