RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-01232
                                             INDEX CODE:  110.02

                                             COUNSEL:  DAV

                                             HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  discharge  be  upgraded   to
honorable.
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APPLICANT CONTENDS THAT:

Given the quality of his service, he believes the penalty of an under  other
than honorable conditions discharge was severe.

In support of his request, he submits a  letter  of  appreciation  from  his
school squadron commander, a character reference letter, a copy of  AF  Form
100, Request and Authorization for Separation, and a copy of a  letter  from
First  Interstate  Bank  of  Arizona.   The  applicant’s  submission,   with
attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 24 November 1980, the applicant enlisted in the Regular Air Force in  the
grade of airman basic (E-1) for a period of 4 years.  He  was  progressively
promoted to the grade of airman (E-2), with a date of rank of 15  May  1981.
He received an Airman Performance Report closing 23 November 1981, in  which
the overall evaluation was a 7 (9 being the highest rating).

On 2 August 1981, he was arrested for disturbing the  peace  at  Yuba  City,
California.  He pleaded guilty and paid a $70 fine.

On 22 June 1981 and 30 September 1981, he received a  letter  of  counseling
for uttering two checks for payment of monies knowing  he  had  insufficient
funds in the amounts of $12.20 and $100.00.

On 12 January 1982,  in  accordance  with  AFM  39-12,  the  base  commander
initiated discharge proceedings against  the  applicant.   This  action  was
based on the applicant’s request for discharge for the good of the  service.
 Charges were preferred but not referred against him alleging  that  he  was
an accessory after the  fact  to  desertion  and  escape  from  correctional
custody by another airman and that the applicant  left  his  place  of  duty
without proper authority on 7 January 1982.  The applicant  was  advised  of
his rights in this matter.  After consulting  military  legal  counsel,  the
applicant requested he be discharged under AFM 39-12,  para  2-78,  for  the
good of the service.  In a legal review of  the  discharge  case  file,  the
staff judge advocate found it legally sufficient and  recommended  that  the
applicant be discharged from the Air Force  with  a  discharge  under  other
than  honorable  conditions,  without  the  opportunity  for  probation  and
rehabilitation.  On 18 January 1982, the discharge authority  directed  that
the applicant be discharged from the Air Force under the provisions  of  AFM
39-12, paragraph 2-78,  for  the  good  of  the  service,  with  a  type  of
discharge as under other  than  honorable  conditions.   The  applicant  was
discharged on 22 January 1982 with an under other than honorable  conditions
discharge.  He served 1 year, 1 month and 29 days on active duty.

Pursuant  to  the  Board’s  request,  the  FBI  provided  a   copy   of   an
Investigative Report, No. 716288X6, which is at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be  denied.   DPPRS  states  that  the
applicant requested discharge for the  good  of  the  service  and  has  not
submitted any evidence or identified any errors or injustices that  occurred
in  the  discharge  processing.   DPPRS  states  that  the   discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 May 2004, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and comment.  On 2 June 2004, a  letter  was  forwarded
to the applicant suggesting that he consider providing  evidence  pertaining
to his post-service activities.  As of this date, this office  has  received
no response (Exhibit D).

On 14 June 2004, a copy of the FBI report was  forwarded  to  the  applicant
for review and comment.  As of this date,  no  response  has  been  received
(Exhibit E).

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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  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an upgrade of his characterization  of  service.
Other than his own assertions, the applicant has provided no  evidence  that
would lead us to believe the actions taken  to  effect  his  discharge  were
improper, or that the information in his discharge case file  is  erroneous.
In addition, in view of the contents of the  FBI  Identification  Record  we
are not persuaded that the characterization  of  the  applicant’s  discharge
warrants an upgrade to honorable on the basis of clemency.  In view  of  the
above and in the absence of evidence to the contrary, we find  no  basis  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 in  Executive
Session on 1 July 2004, under the provisions of AFI 36-2603:

           Mr. John L. Robuck, Panel Chair
           Mr. Grover L. Dunn, Member
           Ms. Carolyn B. Willis, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2004-01232:

     Exhibit A.  DD Form 149, dtd 29 Dec 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dtd 11 May 04.
     Exhibit D.  Letter, SAF/MRBR, dtd 14 May 04.
     Exhibit E.  Letter, FBI Report No. 716288X6, dtd 2 Jun 04.





                                  JOHN L. ROBUCK
                                  Panel Chair