RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00718
            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 (under honorable conditions) or an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed a full term of service in the Air Force.  He was  convicted  of
a crime he did not  commit  and  subsequently  served  17 years  in  prison.
Medical records from Keesler AFB indicate he  was  treated  for  stress  and
depression, which culminated as a stroke in April 2003,  four  months  prior
to his release from prison.  Since  his  release  in  August  2003,  he  has
received no treatment or assistance from the Veterans Hospital  due  to  the
type of discharge he received.  He indicates he completed his  term  in  the
Air Force prior to being incarcerated for 17 years; therefore, receiving  no
veteran benefits, especially medical  assistance  with  his  stroke,  is  an
injustice.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20 January  1983  in  the
grade of airman basic for a period of four (4) years.

On 4 April 1986, the applicant was notified of  his  commander's  intent  to
initiate  discharge   action   against   him   for   a   civil   conviction.
Specifically, on 18 March 1986, the applicant was  convicted  in  the  First
Judicial District of the Circuit Court of Harrison County, Mississippi,  for
burglary of an occupied dwelling in the nighttime while armed with a  deadly
weapon.  As a result of his conviction, he was sentenced  by  the  court  to
serve a term of 20 years in the custody of  the  Mississippi  Department  of
Corrections.

The commander indicated in her  recommendation  for  discharge  action  that
before  recommending  the  discharge  the  applicant  was  arrested  by  the
Gulfport,  Mississippi  Police  Department  on  3  July  1985,  for  alleged
burglary, attempted rape,  and  burglary  with  a  deadly  weapon  (.22  cal
derringer).  On 18 March  1986,  the  applicant  was  found  guilty  of  the
offense of burglary of an occupied dwelling in the nighttime  armed  with  a
deadly weapon.  The  commander  further  indicated  she  did  not  recommend
probation and  rehabilitation  according  to  AFR  39-10,  Chapter  7.   The
applicant through his actions had brought discredit  upon  himself  and  the
service.

The commander advised the applicant of his right to consult  legal  counsel,
to present his case before an administrative  discharge  board,  and  submit
statements in his own behalf; or waive the  above  rights  after  consulting
with counsel.

On 15 May 1986, after consulting with counsel, the  applicant  requested  an
Administrative Discharge Board (ADB) hearing  and  submitted  statements  in
his own behalf.

On 20  May  1986,  the  applicant  was  notified  of  the  convening  of  an
Administrative Discharge Board hearing.

On 29 May 1986, an ADB convened  and  determined  the  applicant  should  be
discharged for a civilian conviction  pursuant  to  AFR  39-10,  Chapter  5,
Section H, paragraph 5-48, with an under  other  than  honorable  conditions
(UOTHC) discharge without probation and rehabilitation.

On 10 June 1986, the Staff Judge Advocate indicated he  concurred  with  the
board’s recommendation and recommended to the discharge authority  that  the
findings of the ADB be approved as well as the  applicant’s  discharge  with
an  under  other  than  honorable   conditions   characterization,   without
probation and rehabilitation, but  that  the  discharge  authority  withhold
execution of the discharge until the outcome of the civil conviction  appeal
was certain.

On 17 June 1986, the discharge  authority  approved  the  applicant’s  under
other  than   honorable   conditions   discharge   without   probation   and
rehabilitation; however, execution of the discharge  was  suspended  pending
final outcome of the applicant’s appeal of the civil conviction.

Applicant was discharged on 29 April 1987, in  the  grade  of  airman  first
class with an under  other  than  honorable  conditions  (UOTHC)  discharge,
under the provisions of AFR  39-10  (Misconduct  -  Civil  Conviction).   He
served four years and six days of total active military service.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated based  on  the  documentation
on file, the discharge was consistent with the  procedural  and  substantive
requirements of the discharge regulation.   The  discharge  was  within  the
discretion of the discharge authority.  The applicant  did  not  submit  any
evidence or identify  any  errors  of  injustices,  which  occurred  in  the
discharge processing.  He provided no facts warranting  an  upgrade  of  the
discharge received.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 April 2004, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response 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  an  error  or  injustice.   After  thoroughly  reviewing  the
evidence of record, we find no evidence to show  the  applicant’s  discharge
as a result of his civil conviction was  erroneous  or  unjust.   While  the
applicant believes his UOTHC discharge  should  be  upgraded,  we  note  the
commander determined the UOTHC  discharge  was  an  appropriate  consequence
that accurately described the applicant’s military service and  the  actions
for which he was found guilty  and  the  convening  authority  approved  the
UOTHC discharge.  The Board notes the applicant has provided no evidence  to
support his request to upgrade the discharge.  In view of the  foregoing  we
agree with the opinion and recommendation of the Air Force and  adopt  their
rationale expressed as the basis for our decision  that  the  applicant  has
failed to sustain his burden that he has suffered  either  an  error  or  an
injustice.   Therefore,  based  on  the  evidence  of  record,  we  find  no
compelling basis to recommend granting the relief sought.





4.    Although the applicant  did  not  specifically  request  consideration
based  on  clemency,  we  also  find  insufficient  evidence  to  warrant  a
recommendation that the discharge be upgraded on that basis.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or an 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-2004-
00718 in Executive Session on 2 June 2004, under the provisions of  AFI  36-
2603:

                 Mr. Albert F. Lowas, Jr., Panel Chair
                 Mr. Charlie E. Williams, Jr., Member
                 Mr. Terry L. Scott, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 March 2004.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 2 April 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 9 April 2004.




                       ALBERT F. LOWAS, JR.
                       Panel Chair