RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00205
            INDEX NUMBERS: A49.00, A92.01,
                                A93.07, & A93.09
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Although he was going through a bitter  divorce  six  months  prior  to  his
discharge, he still maintained his military bearing.  His flight  supervisor
pressured his supervisor to change his performance report.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  31
July 1980 for a period of six years.  He reenlisted on 27 June 1986, in  the
grade  of  sergeant,  for  a  period  of  six  years.   He  was  permanently
decertified from the  Personnel  Reliability  Program  (PRP)  for  financial
irresponsibility,  and  his  continuous  misrepresentation  of   the   facts
concerning his family situation, which led his  commander  to  question  his
integrity, judgment, and reliability.  He was discharged on  27  June  1991,
in the grade of staff sergeant with a general (under  honorable  conditions)
discharge, in accordance with AFR 39-10, paragraph 5-26  for  unsatisfactory
performance.  He served a total of 10 years,  10  months,  and  27  days  of
active service.

A resume of applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

      30 Jul 81  7
       3 Dec 81  8
      27 Nov 82  9
      27 Nov 83  8
      27 Nov 84  9
      27 Nov 85  9
      27 Nov 86 w/LOE  8
      13 Oct 87  9
      13 Oct 88 w/LOE  9
      13 Oct 89  9
      29 May 90  3
       4 Feb 91 (Referral)   1 (CC nonconcurred)
      23 May 91 (Referral)   2

Applicant's request for an upgrade of discharge was denied by the Air  Force
Discharge Review Board (AFDRB) on  3  April  1995.   A  copy  of  the  AFDRB
Hearing Record is attached at Exhibit C.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., provided an investigative report,  which  is  attached  at
Exhibit G.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
based on the documentation  pertaining  to  the  applicant’s  PRP  permanent
decertification, the discharge action would have been within  the  discharge
authority’s discretion.  The applicant has not  submitted  any  evidence  or
provided any facts warranting an upgrade of his discharge.  Furthermore,  he
has not identified any errors or injustices that occurred in  the  discharge
processing.

The AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 27 February 2004, for review and response within 30 days.  A copy of  the
Information Bulletin, Upgrade of Discharge - Clemency, was provided  to  him
on 2 April 2004.  On 20 April 2004, he  was  provided  a  copy  of  the  FBI
investigative report.  However, 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.  We find no  impropriety  in  the  characterization  of  the  applicant’s
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the rights to which entitled at  the  time  of  discharge.   We
conclude,  therefore,  that  the  discharge  proceedings  were  proper   and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant's overall quality of service and  the  events  which  precipitated
the discharge; however, based on the evidence of record, we cannot  conclude
that  clemency  is  warranted.   Applicant  has  not   provided   sufficient
information  of  post-service  activities  and  accomplishments  for  us  to
conclude that he  has  overcome  the  behavioral  traits  which  caused  the
discharge.   Should  he  provide  statements  from  community  leaders   and
acquaintances attesting to his  good  character  and  reputation  and  other
evidence  of  successful  post-service  rehabilitation,  this   Board   will
reconsider this case  based  on  the  new  evidence.   We  cannot,  however,
recommend approval based on the current evidence of record.

_________________________________________________________________

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  Docket  Number  BC-2004-00205
in Executive Session on 1 June 2004, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. James A. Wolffe, Member
                       Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Feb 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record, dated 11 Apr 95, w/atch.
    Exhibit D.  Letter, AFPC/DPPRS, dated 24 Feb 04.



    Exhibit E.  Letter, SAF/MRBR, dated 27 Feb 04.
    Exhibit F.  Letter, AFBCMR, dated 2 Apr 04.
    Exhibit G.  FBI Investigative Report.




                                   RICHARD A. PETERSON
                                   Panel Chair