RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03498

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under  honorable  conditions)  discharge  be  changed  to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He committed no infraction worthy of the discharge  he  had  received.
He neither broke nor was he charged with any  violation  of  rules  or
regulations. Due to family hardships, he requested an early  discharge
thereby receiving less than honorable discharged.  In  addition,  this
has affected his veteran benefits.

In support of his request, he provided a copy of DD  Form  214  and  a
letter from his mother.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant completed the Air Force Academy and was commissioned  as
a second lieutenant on 2 June 1978. Applicant was separated  from  the
Air  Force  18  July  1980  under  the  provisions   of   AFR   36-12,
Administrative  Separation   of   Commissioned   Officers   (voluntary
resignation - in  lieu  of  further  proceedings  of  board  action  -
unacceptable conduct), with a  general  (under  honorable  conditions)
discharge.  He had served 4 years, 1 month and 17 days of total active
military service.

The applicant was notified on 28 February  1980,  that  he  was  being
recommended for discharge under the provisions of Air Force Regulation
AFR 36-2, Administrative  Discharge  Procedures  (for  Substandard  of
Performance of Duty, Misconduct, Moral or Professional Dereliction, or
in the Interest of National Security), and advised applicant  that  he
would receive a general (under honorable conditions)  discharge.   The
commander initiated this action based on the following:

      (1) On divers occasions between  October  1979  and  2  November
1979,  applicant  violated  a  lawful  general  regulation  by  making
personal commercial solicitation to several military  members  of  the
United Stated Air Force.

      (2) On or abut 10 January 1980, applicant was disrespectful to a
superior commissioned officer by saying to him, “Sign me out on leave,
or even AWOL, or send the security police out, but  I  won’t  come  to
work,” or words to that affect.

      (3) On or about 22 January 1980, applicant failed to go  at  the
time prescribed to his appointed place of duty.

      (4) On or about 23 January 1980, applicant willfully disobeyed a
lawful command from a superior commissioned officer, to return to  his
office.

Applicant acknowledged receipt of the notification of discharge action
and after consulting with legal counsel submitted his resignation from
all appointments in the United States Air Force.  He  understood  that
if his application was accepted, he would be discharged with a general
(under honorable conditions) discharge unless it was the determination
of the Secretary of the Air Force that he was entitled to an honorable
discharge.  The base legal office  reviewed  the  case  and  found  it
legally sufficient to support the discharge action.  On 2  June  1980,
the case was forwarded to the Secretary of  the  Air  Force  with  the
recommendation that the applicant’s application for separation in lieu
of further action under AFR 36-2 be accepted.  On 30  June  1980,  the
Secretary of the Air  Force  accepted  the  resignation  submitted  by
applicant and directed that he be  separated  with  a  general  (under
honorable conditions) discharge.

Pursuant to the Board’s  request,  the  FBI  provided  a  copy  of  an
Investigative Report pertaining to the applicant, which is at  Exhibit
D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on  file  in
the master personnel records, 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  or
injustices that occurred in the discharge processing.  He provided  no
facts warranting an upgrade of his discharge.



The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 24 November 2004, for review and  comment.   As  of  this
date, no response has been received by this office.

A FBI Report was forwarded to the applicant  on  7  January  2005  for
review and response within 15 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, the Board excused
the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that his discharge should be upgraded to honorable.  The applicant has
not established by  his  submission  that  his  commander  abused  his
discretionary authority, and since we find no abuse of that authority,
there is no compelling reason to overturn  the  commander’s  decision.
We agree with the opinions and recommendation of  the  Air  Force  and
adopt its rationale as the basis for our decision that  the  applicant
has failed to sustain his burden of having suffered either an error or
an injustice.  Therefore, in absence of evidence to the  contrary,  we
find no basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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 Docket  Number  02-03498
in Executive Session on 8 February 2005, under the provisions  of  AFI
36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Mrs. Barbara R. Murray, Member
                 Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

            Exhibit A. DD Form 149, dated 22 Oct 04, w/atchs.
            Exhibit B. Applicant's Master Personnel Records.
            Exhibit C. Letter, AFPC/DPPRS, dated 23 Nov 04.
            Exhibit.D. FBI Report.
            Exhibit E. Letter, SAF/MRBR, dated 24 Nov 04.
            Exhibit F. Letter, AFBCMR, dated 7 Jan 05.





      B. J. WHITE-OLSON
      Panel Chair