RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02867
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than  honorable  conditions  discharge  (UOTHC)  be
upgraded to honorable and his records reflect that he was  disabled
at the time of discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was unjust.  It was a  known  fact  that  his  court-
martial was no fault of the US Air Force, but his  first  sergeant,
who had a personal dislike for him.

A review of his records should reveal that he was disabled when  he
left the Air Force.

In support of his appeal, applicant submitted a personal  statement
and a copy of his passport application.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  2  Jul  79  for  a
period of four years.  Prior to the events  under  review,  he  was
promoted to the grade of airman first class (A1C/E-3).

A resume of applicant’s airman performance  reports  (APR)  profile
follows:

            PERIOD CLOSING              OVERALL EVALUATION


           01 Jul 80                                    7
                 04 Mar 81                                    9
                 29 Oct 81                                    8

On  16  Nov  79,  applicant  received  nonjudicial  punishment  for
wrongful use of marijuana  on  or  about  19  Oct  79.   Punishment
consisted of forfeiture of $150 per month for two months,  30  days
of restriction, and 30 days of extra duty.

On 8 Oct 80, applicant was tried by Special Court-Martial.  He  was
charged with one specification of unlawful and repeated striking of
another airman about the head with his fist and kicking the  airman
in the chest with his foot, in violation of Article 128, UCMJ;  one
specification of failure to  go  at  the  time  prescribed  to  his
appointed place of duty, on 12 Jul 80, in violation of Article  86,
UCMJ; and an additional charge of one specification  of  wrongfully
communicating a threat to another airman, in violation  of  Article
134.  Applicant pled not guilty to all the  charged  offenses.   He
was  found  guilty  of  all  the  offenses  except  for  wrongfully
communicating a threat.  He was sentenced to reduction in grade  to
airman basic (E-1), hard labor without confinement for two  months,
and forfeiture of $150 per month for three months.

A separation physical conducted on 1 Feb 82,  found  the  applicant
medically qualified for worldwide service.

On 21 May 82, applicant appeared before a  Board  of  Officers  who
found applicant was subject to discharge for  frequent  involvement
of a discreditable nature as evidenced by the misconduct for  which
he received the above cited Article 15  and  Special  Court-Martial
actions, and for acts of sexual  perversion  as  evidenced  by  his
assault and rape  of  an  officer  at  her  off-base  apartment  on
12 Jun 80, and his rape of a civilian on 14 Jun 81.  The  Board  of
Officers recommended the applicant  be  discharged  with  an  under
other than honorable conditions (UOTHC) discharge and that  he  not
be  offered  rehabilitation  opportunities   with   a   conditional
suspension of his discharge.

On 2 Jun 82, the wing staff judge advocate found the  case  legally
sufficient and concurred with the recommendations of the  commander
and the Board of Officers that  applicant  be  separated  from  the
service with a UOTHC discharge without probation and rehabilitation
(P&R).  On 11 Jun 82, the  discharge  authority  approved  a  UOTHC
discharge for frequent involvement of a  discreditable  nature  and
sexual perversion and denied P&R due  to  the  seriousness  of  the
offenses.

On 15 Jun 82, applicant was  discharged  under  the  provisions  of
AFM 39-12, by reason of misconduct  -  frequent  involvement  of  a
discreditable nature, with service  characterized  as  under  other
than  honorable  conditions.   He  was   credited   with   2 years,
11 months, and 14 days of active duty service.

On 24  Feb  97,  the  Air  Force  Discharge  Review  Board  (AFDRB)
considered and denied the applicant’s request to have his discharge
upgraded to honorable.

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:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
the 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 his 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 15 Oct 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

On 21 Dec 04, a copy  of  the  FBI  report  was  forwarded  to  the
applicant for comment.   At  that  time,  the  applicant  was  also
invited to provide additional evidence pertaining to his activities
since leaving the  service  (Exhibit  F).   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  careful
consideration of the evidence of record, we found no evidence  that
the actions taken to effect the applicant’s discharge were improper
or contrary to the  provisions  of  the  governing  regulations  in
effect at the time, or that the  actions  taken  against  him  were
based on factors other than  his  own  misconduct.   Based  on  his
overall record of service,  the  contents  of  the  FBI  Report  of
Investigation, and the absence of evidence  related  to  his  post-
service activities and accomplishments, we are not  persuaded  that
an upgrade of the characterization of his discharge  is  warranted.
Therefore, based on the available evidence of record,  we  find  no
basis upon which to favorably consider this application.

4.  Applicant’s request to have his records  reflect  that  he  was
disabled at the time of discharge  is  duly  noted.   However,  the
separation   physical   conducted   in   conjunction    with    his
administrative separation reflects that he was medically  qualified
for worldwide duty at the time of his separation.  Other  than  his
own assertions, the applicant has  not  provided  any  evidence  to
substantiate his request.  Therefore, in the absence of evidence to
the contrary, we find no compelling basis  to  recommend  favorable
action on 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 AFBCMR Docket  Number
BC-2004-02867 in Executive Session on 2 February  2005,  under  the
provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Mr. Vance E. Lineberger, Member
      Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 13 Oct 04.
    Exhibit E.  Letter, SAF/MRBR, dated 15 Oct 04.
    Exhibit F.  Letter, AFBCMR, dated 21 Dec 04.




                                   ROSCOE HINTON JR.
                                   Panel Chair