RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02257
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be  upgraded  to
honorable and the narrative reason changed to resignation.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged under honorable conditions because  of  financial
irresponsibility and numerous traffic tickets.  He was a compulsive
gambler and believes treatment rather  than  discharge  would  have
been appropriate.  He has not  gambled  since  23  Apr  01.   As  a
result, his financial picture has greatly improved and he  has  not
had a traffic ticket in ten years.

In support of his appeal, applicant submitted a personal statement;
a copy of  a  credit  score,  dated  22  Jun  04,  and  a  copy  of
DD Form 214, Certificate of Release or Discharge from Active  Duty,
dated 9 Feb 84.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant, a Reserve officer, entered active duty  on  23  Jan  77.
Prior to the events under review, he was promoted to the  grade  of
captain with an effective date and date of rank of 1 Jan 81.

On 25 Aug 83, the wing commander recommended action be initiated in
accordance with  AFR  36-2,  Administrative  Discharge  Procedures,
based on the applicant’s incidents of tardiness, failure to repair,
several letters  of  indebtedness  documented  in  his  unfavorable
information file (UIF), and several  motor  vehicle  accidents  and
traffic violations.

On 31 Aug 83, applicant acknowledged receipt of the  administrative
discharge action and that he had been afforded the  opportunity  to
consult legal counsel.  He further acknowledged he  understood  the
procedures involved and his rights and options.

On 7 Oct 83, a board of officers determined  that  the  allegations
were sufficient to require applicant to show cause for retention in
the Air Force.

On 17 Oct  83,  applicant  was  notified  that  a  selection  board
convened under AFR 36-2 determined he must show cause for retention
in the Air Force.  On 24 Oct 83,  after  consulting  with  counsel,
applicant did not tender his resignation and  waived  consideration
of his case by a  Board  of  Inquiry.   The  staff  judge  advocate
reviewed  the  case  file  and  found  it  legally  sufficient  and
supported the initiation of the discharge action.

On 20 Jan 84, the Deputy for Air Force Review  Boards  ordered  the
appointment of the applicant as a Reserve officer be terminated and
that he be discharged under honorable conditions.

On 9 Feb 84, applicant was discharged from all appointments,  under
the provisions of AFR 36-12, by reason of involuntary  discharge  -
unfit, unacceptable conduct, with service  characterized  as  under
honorable conditions.  He was credited with a total of 7 years  and
17 days of active duty.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 23 August  2004,  that,
on the basis of data furnished, they are unable to locate an arrest
record (Exhibit C).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
available documentation in  the  file,  they  found  the  discharge
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, the discharge was  within  the
sound discretion of  the  discharge  authority.   They  also  noted
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing  and  provided
no other facts warranting a change to character of service.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 13 Aug 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

___________________________________________________________________

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.   The  discharge
appears to be in compliance with the governing regulations  and  we
find no evidence to indicate that his separation from the Air Force
was inappropriate.  We find no evidence of error in this  case  and
after  thoroughly  reviewing  the  documentation  that   has   been
submitted in support of applicant's appeal, we do  not  believe  he
has suffered from an injustice.  Therefore, based on the  available
evidence of record, we  find  no  basis  upon  which  to  favorably
consider this application.

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.  We considered applicant's overall quality of  service,  the
events  which  precipitated  the  discharge,  and  the  information
related to his post-service  activities  and  accomplishments.   On
balance, we do not believe clemency is warranted.

___________________________________________________________________

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-2004-02257 in Executive Session on 19 October  2004,  under  the
provisions of AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Mr. Terry L. Scott, Member
      Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Aug 04
    Exhibit E.  Letter, SAF/MRBR, dated 13 Aug 04.




                                   RITA S. LOONEY
                                   Panel Chair