RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01163
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

At  the  time  of  his  discharge  he  was  told  that  it  would   be
automatically upgraded after six months.  He regretfully  admits  that
at the time of his discharge he was engaging in behavior unbecoming of
military personnel.  He has since, as a result of a  lot  of  therapy,
come to realize that he was reacting to being violated as a child.  He
now knows that his behavior,  although  non-violent,  caused  harm  to
others.  He has paid the price.  He not only lost out on a  very  good
Air Force career, the behavior ended up being the reason his  marriage
ended in divorce.  However, he has since been able  to  put  his  life
back in order.  He has been an ordained minister since 1995.   He  has
worked as a chaplain for the Salvation Army and  presently  serves  as
assistant superintendent of Sunday School and Minister of the HIV/AIDS
Committee at his church.  He feels good about writing this letter.  He
feels it will bring closure to a chapter in his life that he wishes he
could redo.

Applicant provided a personal statement and a copy of his DD Form  214
in support of the appeal.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 8 February 1978  for  a
period of four years.  He was progressively promoted to the  grade  of
airman on 8 August 1979, the grade of airman first class  (A1C)  on  8
February 1980, and the grade of senior airman (SRA) on 1 October 1981.
 He received seven Airman  Performance  Reports  closing  23  December
1979, 31 August 1980, 30 March 1981, 31 July 1981, 15 May 1982, 15 May
1983, and 18 January 1984, of which the overall evaluations were  “9,”
“8,” “8,” “8,”, “9,” “8,” and “4.”

On 19 January 1984, applicant’s commander notified  him  that  he  was
recommending discharge from the Air Force for patterns of  misconduct.
Basis for the commander’s recommendation for  discharge:   (1)  On  or
about 7 November 1981, applicant shoplifted  two  blank  Maxwell  UDSL
cassette tapes.  (2) On or  about  20 September  1982,  applicant  was
delinquent in debt to the Kadena NCO Open Mess.  (3) On  or  about  15
December 1982, applicant wrote a worthless check to the  Okinawa  Area
Exchange.  (4) During  the  month  of  February  1983,  applicant  was
delinquent in debt to the NCO Club.  (5) On or about  21  March  1983,
applicant failed to go at the time prescribed to his  appointed  place
of duty.  (6) On 8 January 1983, applicant received an Article 15  for
being absent from his unit without authority.  (7) On or about 26 June
1983, applicant was overdue in making a Deferred  Payment  Plan  (DPP)
payment.  (8) On or about 5 July  1983,  applicant  was  eight  months
delinquent in payment to the Nellis Federal Credit Union.  (9)  On  28
December 1983, applicant received a  Letter  of  Reprimand  (LOR)  for
driving under the influence of  alcohol.   (10)  On  5  January  1984,
applicant  received  an  Article  15  for  wrongfully  and  unlawfully
attempting to induce an individual to engage in acts of  prostitution.
Applicant acknowledged receipt of the notification  of  discharge  and
his understanding of his rights to consult with legal counsel,  submit
statements in his own behalf and waive either of these rights.  On  17
February 1984, applicant was notified by the  commander  that  he  was
recommending  an  under  other  than  honorable   conditions   (UOTHC)
discharge.  He acknowledged receipt of the notification.  On  5  March
1984,  applicant  submitted  a  conditional  waiver  of   his   rights
associated with an administrative discharge board hearing.  The waiver
was contingent on his receipt of  no  less  than  an  under  honorable
conditions (general) discharge.  His offer of a conditional waiver  of
the rights associated  with  an  administrative  discharge  board  was
rejected on 13 March 1984.  On 21 March  1984,  applicant  waived  his
right to a  hearing  before  an  administrative  discharge  board  and
indicated he would submit a statement in his own behalf.  Headquarters
5th Air Force legal office reviewed the  case  and  found  it  legally
sufficient to support  discharge  and  recommended  the  unconditional
waiver be accepted.  They recommended an under  other  than  honorable
conditions (UOTHC)  discharge  without  probation  and  rehabilitation
(P&R).  The discharge  authority  accepted  applicant’s  unconditional
waiver request and approved the separation.  He directed applicant  be
discharged with an  under  other  than  honorable  conditions  (UOTHC)
discharge without P&R.

Applicant was separated from the Air Force on 30 April 1984 under  the
provisions  of  AFR  39-10,  Administrative   Separation   of   Airmen
(misconduct - conduct prejudicial to good order and discipline),  with
an under other than honorable conditions (UOTHC) discharge.  He served
5 years, 2 months and 23 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative report  which  is
attached at Exhibit C.

_______________________________________________________________

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.  Therefore,  they  recommend  denial  of  the
applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 May 2004, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response  within  30  days.   On  16 June
2004, the applicant was invited to provide information within 14  days
pertaining to his activities since leaving the  service.   On  1  July
2004, a copy of the FBI Report was  forwarded  to  the  applicant  for
review and response within 14 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.  After reviewing the evidence  of
record, we are not persuaded that the applicant’s records are in error
or that he has been the victim of an injustice.  His  contentions  are
noted; however, in our opinion, the detailed comments provided by  the
appropriate Air Force office  adequately  address  those  allegations.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim of an error or  injustice.   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  this  application  in
Executive Session on 29 July 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Kathleen F. Graham, Member
                       Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 May 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 19 May 04.
      Exhibit E. Letter, SAF/MRBR, dated 28 May 04.




                             RICHARD A. PETERSON
                             Panel Chair