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AF | BCMR | CY2003 | BC-2002-04050
Original file (BC-2002-04050.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-04050

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His command abused its authority when  it  decided  to  discharge  him
after he was exonerated by his squadron commander.  The case was  then
picked  up  by  an  outside  division  and  pushed  through  the  base
commander.

In support of his application, he submits a copy of his DD  Form  293,
Applicant for the Review of Discharge or Dismissal from the
Armed Forces of the United States, DD Form 214, Certificate of Release
or Discharge From Active Duty, DD  Form  4/1,  Enlistment/Reenlistment
Document Armed Forces of the United States, Personal Data  Sheet,  and
Report of Medical History.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
18 April 1985.  The commander recommended the applicant be  discharged
under the provisions of AFR 39-10 (Request for Discharge  in  Lieu  of
Court-Martial) with service characterized under other  than  honorable
conditions (UOTHC) discharge on      13  May  1993  in  the  grade  of
sergeant.  He served 8 years and     26 days of total active service.

Documents are missing from applicant’s records  that  led  up  to  the
request for discharge in lieu of court-martial.  Limited documentation
shows he received nonjudicial punishment under Article 15 in  December
1991 for larceny of government property of less than  $100,  making  a
false statement and forgery of someone  else’s  signature  on  a  meal
ticket.   In  January  1993,  his   supervisor   did   not   recommend
reenlistment because he had  shown  a  repeated  record  of  financial
irresponsibility.  Despite numerous administrative actions, he had not
seen fit to correct this problem (taken from AF  Form  418,  Selective
Reenlistment Form).

On 25 June 1998, the Air Force Discharge Review Board (AFDRB) reviewed
and denied the applicant's request for upgrade.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated that based upon documentation
in file, 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.  The Air Force Discharge Review Board  denied  his  request
for upgrade on 25 June 1998. The Board ruled that by resigning in lieu
of trial by court-martial, the applicant forfeited the opportunity  to
prove his innocence and avoided the possibility of a conviction,  jail
time and a punitive discharge.  The  “standard”  characterization  for
this type of discharge is UOTHC.  The applicant did not submit any new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.   He  provided  no  other  facts  warranting  an
upgrade of the discharge.  Accordingly,  they  recommend  his  records
remain the same and his request be denied.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 14 February 2003, for review and comment 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 not timely filed; however, the Board excused
the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
his discharge should be upgraded.  While the  documents  pertaining  to  his
discharge are missing, we do know that he requested to be discharge in  lieu
of trial by court-martial.  If he had been exonerated of the charges, as  he
alleges, we do not  understand  why  he  requested  to  be  discharged  with
service  characterized  as  under  other  than  honorable  conditions.   The
applicant has provided no evidence showing that he was forced  to  separate;
therefore, we find no basis upon which  to  recommend  favorable  action  on
this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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 Docket  Number  BC-2002-
04050 in Executive Session on 6 May 2003, under the provisions of  AFI
36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Mr. Vaughn Schlunz, Member
                 Ms. Mary J. Johnson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Jan 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 4 Feb 03.
      Exhibit D. Letter, SAF/MRBR, dated 14 Feb 03.






      ROSCOE HINTON, JR
      Panel Chair


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