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AF | BCMR | CY2004 | BC-2003-01054
Original file (BC-2003-01054.doc) Auto-classification: Denied






                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01054
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served honorably and with dignity.  He was  promoted  to  Technical
Sergeant (TSgt/E-6) under  the  deserving  airman  promotion  program.
When his country called, he didn’t question, he went.   What  happened
in his personal life, catching  his  wife  having  an  affair  with  a
Catholic priest, on his return from Desert Storm did not cause him  to
do anything that would do harm to the Air Force Reserves.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, copies of his National Guard Bureau (NGB) Form  22,  Report
of Separation  and  Record  of  Service,  his  order  calling  him  to
involuntary active duty in support of Desert Storm, and a copy of a DD
Form 214, Report of Separation from Active Duty, detailing his service
with the US Marine Corps.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  joined  the  Illinois  Air  National  Guard  (IL  ANG)   on
17 January 1985.  On 15 June 1995 he  was  discharged  with  an  Under
Other Than Honorable Conditions (UOTHC) discharge as  a  result  of  a
civilian conviction and subsequent incarceration.   At  discharge,  he
had served 19 years, 4 months, and 29  days  of  combined  active  and
Reserve component service.

_________________________________________________________________



AIR FORCE EVALUATION:

ANG/DPP recommends denial.  DPP states the IL ANG Judge Advocate found
the discharge based on civil conviction to be legally sufficient.  DPP
also notes the applicant’s NGB Form 22, item 24, is missing  the  term
“Under Other Than Honorable Conditions (UOTHC).”  The IL ANG has  been
directed to make the correction to his NGB Form 22.

DPP’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
January 2004 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,  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, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  The applicant may, in the future,  appeal  for
clemency  in  upgrading  his  discharge  after  he  has  had  time  to
reestablish himself and become a  positive  force  in  his  community.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-01054 in Executive Session on 2 March 2004, under the  provisions
of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Martha Maust, Member
      Mr. Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 6 Jan 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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