RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03873
            INDEX CODE:  110.00, 112.00,
                         107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 June 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (UOTHC)  discharge  be
upgraded and his reenlistment eligibility (RE) code of 2B be  changed,
and his enlistment be reinstated.

His DD Form 214 be corrected to show  Foreign  Service  in  Korea  and
Panama, reflection of the military  education  he  received  while  on
active duty,  and  inclusion  of  the  decoration  he  received.   (By
amendment at Exhibit G) his separation document be corrected  in  Item
18 to show that all of his active duty service was  honorable,  rather
than from 10 September 1990 to 26 August 1999.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged  due  to  a  civilian  conviction  that  included  a
sentence of more than six months.  He  wound  up  in  a  state  prison
system for a term of 12 years for an inappropriate  relationship  with
his stepdaughter.  The only harm from this  situation  came  from  the
state interfering with and destroying their two lives.

He served honorably from 1989 to 2002 as an Independent  Duty  Medical
Technician.  He was an  asset  to  the  Air  Force  and  the  civilian
community.  He would  like  to  continue  to  serve  his  country  and
believes, given the current situation, experienced  medical  personnel
like himself are needed to protect our troops at home or abroad.

The DD Form  214  incorrectly  reflects  information  on  his  foreign
service (Block 12f), military education (Block  14),  and  decorations
(Block 11).

In support of the appeal, the applicant submits a personal  statement;
and, copies of his permanent change of  station  orders  to  serve  in
Korea, a Certificate of Training showing  certification  he  completed
the Medical Service  Craftsman  course,  his  DD  Form  214,  and  his
Community College of the Air Force (CCAF) Associate in Applied Science
Degree.  Applicant's complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were lost or destroyed.  The following is  the
only available information pertaining to the applicant’s  service  and
was extracted from the applicant’s separation document.

The applicant entered active duty as an enlisted member of the Regular
Air Force on 10 September  1990.   Following  training,  he  performed
duties as an Aerospace Medical Service Craftsman and was progressively
promoted to the grade of staff  sergeant.   He  was  discharged  under
other than honorable conditions (UOTHC) under the provisions of AFI 36-
3208 because of Misconduct on 9 October 2002.  He had served 12  years
and one month on active duty and was credited with 19 days of  foreign
service.  An RE code of 2B was assigned.  He had been awarded the  Air
Force Achievement Medal, the Air Force Outstanding Unit Award, the Air
Force Good Conduct Medal  with  two  Oak  Leaf  Clusters  (OLCs);  the
National Defense Service Medal with One Bronze Star; the  Humanitarian
Service medal, the Air Force Longevity Service Award  with  two  OLCs,
the USAF NCO Professional Military Education Graduate Ribbon, and  the
Air Force Training Ribbon.

HQ AFPC/DPPRSP updated applicant’s DD Form 214  on  9  March  2005  to
include his  completion  of  the  Medical  Service  Craftsman  Course;
however, they advised the applicant CCAF degrees are not  included  in
the Military Education portion of this form.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends  denial.   They  are  unable  to  determine  the
propriety of the discharge based on the lack of documentation  in  his
master personnel records.  A complete copy of  the  evaluation  is  at
Exhibit C.

AFPC/DPAPP  recommends  denial.   There  are   no   source   documents
confirming any additional Foreign Service.  A  complete  copy  of  the
evaluation is at Exhibit D.

AFPC/JA states HQ AFPC/DPPRSP has corrected  certain  aspects  of  the
applicant’s record pertaining to his military  education  by  updating
his DD Form 214.  HQ AFPC/DPAPP has corresponded  with  the  applicant
about his foreign service and they agree with them  that  his  records
should not be changed to show service in either Korea or Panama  until
he can present documents verifying overseas service.

With regard to the  applicant’s  request  for  upgrading  his  service
characterization and reenlistment code,  as  well  as  seeking  to  be
reinstated on active duty, they agree  with  HQ  AFPC/DPPRS  that  his
request is inappropriate.  To obtain relief, the applicant  must  show
by a  preponderance  of  the  evidence  there  exists  some  error  or
injustice warranting corrective  action  by  the  Board.   Aside  from
making unsubstantiated claims attempting to diminish the  severity  of
his  crime  of  having  inappropriate  relationships  with  his  minor
stepdaughter, the applicant offers no evidence of  an  improper  basis
for the administrative discharge itself, its service characterization,
or reenlistment code.  They believe the correct action  was  taken  to
involuntarily separate the applicant from the Air Force in 2002  under
other than honorable conditions and that he should not  be  reinstated
to active duty.   Therefore,  they  recommend  denial  of  applicant’s
request.

A complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 March 2005, copies of the Air Force evaluations  were  forwarded
to the applicant for review and response within 30 days.  On 21  April
2005, applicant requested temporary withdrawal of his application.  On
26 April 2005, his case was administratively closed.

On 29 June 2005, The American  Legion  submitted  a  letter  from  the
applicant, with additional documents, in support of  his  application.
In his statement, the applicant reiterates  his  original  contentions
and provides additional documents in the form  of  orders  and  travel
vouchers pertaining to his PCS assignment to Korea.   A  copy  of  the
letter, with attachments, is at Exhibit G.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice in regard  to  applicant’s  request
for the credit  for  Foreign  Service.   Based  on  the  documentation
provided, we believe that the applicant did serve in Korea.   In  this
respect, we note the permanent change of station orders providing  for
his assignment to Korea.  In view  of  the  above,  we  recommend  his
records be corrected to the extent indicated below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice warranting approval of applicant’s
remaining requests.  After  reviewing  the  circumstances  surrounding
applicant’s separation from the Air Force, we are not  persuaded  that
he has been the victim of either an error or injustice.  Therefore, we
agree with the opinion and recommendations of the  Air  Force  offices
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 27 January 2000, he
was assigned to the 51st Medical Operations (PACAF), Osan  ABS,  South
Korea for twelve (12) months.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 August 2005 and 12 September 2005,  under  the
provisions of AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Nov 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 10 Jan 05.
      Exhibit D. Letter, AFPC/DPAPP, dated 8 Feb 05.
      Exhibit E. Letter, AFPC/JA, dated 21 Mar 05, w/atch.
      Exhibit F. Letter, SAF/MRBR, dated 25 Mar 05.
      Exhibit G. American Legion Letter, dated 29 Jun 05, w/atchs.




                             GREGORY H. PETKOFF
                             Panel Chair




AFBCMR 2004-03873




MEMORANDUM FOR THE CHIEF OF STAFF

        Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to APPLICANT be corrected to show that  on  27  January
2000, he was assigned to the [numbered]  Medical  Operations  (PACAF),
Osan ABS, South Korea for a period of twelve (12) months.







   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency