RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01727
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

All records on file with Headquarters Personnel Center, St Louis,  and
the Department of  Veterans  Affairs  list  character  of  service  as
honorable.

In support of the appeal, applicant submits copies  of  two  DD  Forms
214.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 August 1972  for
a period of four years.  This  enlistment  was  subsequently  extended
and, on 18 November 1976, he was honorably discharged in the grade  of
sergeant (E-4) to reenlist.  At that time, he was credited  with  four
years, three months and five  days  of  active  duty.   The  applicant
reenlisted on 19 November 1976 for a period of four years.

During the applicant’s service, he received seven Enlisted Performance
Reports (EPRs), in which the overall  evaluations  (scale  of  1-9,  9
being the highest rating) were 6, 8, 9, 9, 8, 8, and 5.

On 7 December 1978, the commander notified the applicant that  he  was
recommending a general discharge for failure to demonstrate  qualities
of leadership required  for  the  applicant’s  grade  and  failure  to
maintain military deportment  in  bearing  and  behavior.   Basis  for
action was that the applicant was counseled numerous times for conduct
unbecoming a noncommissioned  officer  by  being  involved  in  public
disturbances  at  various  facilities  on  base,  spousal  abuse   and
involvement  in  several  domestic  disturbances  in   base   housing,
threatening behavior, failure to go to official appointments, and poor
duty performance; and nonjudicial punishments under Article 15,  dated
11 May 1978 and 13 September 1978, for being absent without  authority
from duty and threatening to injure another  airman.   On  11 December
1978,  the  applicant   submitted   a   conditional   waiver   to   an
administrative discharge board contingent upon receipt no less than  a
general discharge.  The staff judge advocate  reviewed  the  case  and
determined  it  was  legally  sufficient  to  support  the  discharge.
Probation  and  rehabilitation  (P&R)  were  not   recommended.    The
Discharge Authority approved the  separation  and  ordered  a  general
discharge without P&R on 21 December 1978.

The applicant, while serving in  the  grade  of  sergeant  (E-4),  was
discharged from the Air Force on 21 December 1976 under the provisions
of  AFR  39-12  (Board  Waiver)  with  a  general   (under   honorable
conditions) discharge.  He had served two years, one month  and  three
days of his last four-year enlistment and was credited with six years,
four months and eight days of total active service.

_________________________________________________________________

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.   The  applicant  did  not  submit  any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  Therefore, they recommend denial of applicant’s
request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 June 2003, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within 30 days.  As of this date
this office has received no response.

_________________________________________________________________

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.  The applicant’s contentions  are
noted.  However, the reasons involuntary  discharge  proceedings  were
initiated in his case are well-documented in the record.  There is  no
indication that  the  information  in  the  discharge  case  file  was
erroneous, that the applicant’s substantial rights were  violated,  or
that his commanders abused  their  discretionary  authority.   To  the
contrary, upon being advised of his  right  to  a  hearing  before  an
Administrative  Discharge  Board,  the  applicant  waived  this  right
contingent upon his receipt of no less than a general (under honorable
conditions) discharge.  In view of the above and in the absence of any
evidence by the applicant  showing  his  discharge  was  erroneous  or
unjust, or that he has made  a  successful  post  service  adjustment,
thereby warranting clemency in his case, we have no basis on which  to
favorably consider his request.

_________________________________________________________________

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,  BC-
2003-01727,  in  Executive  Session  on  14  August  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Christopher Carey, Member
                       Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 May 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 23 Jun 03.
      Exhibit D. Letter, SAF/MRBR, dated 27 Jun 03.




                             JOSEPH A. ROJ
                             Panel Chair