RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-00842

XXXXXXX     COUNSEL:  NONE

XXXXXXX          HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  11 AUGUST 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As of 4 August 2004, he was awarded a Veteran Affairs  claim  for  40%
service connected disability; 30% Major Depressive Disorder;  and  20%
Degenerative disc disease.

He is requesting an upgrade of his discharge because he  is  currently
enrolled in school and needs his G.I. Bill. Also, he is 40%  disabled.
The reason for his discharge is not correct.

In support of his request, applicant submits a copy of  DD  Form  293,
Application for the Review of Discharge or Dismissal  From  the  Armed
Forces of the United States.

Applicant’s complete application, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
9 July 1997 for a period of four years

On 10 February 1999, the applicant was notified by his commander  that
he was recommending him for a discharge for commission  of  a  serious
offense, sexual perversion and pattern of misconduct.  The  basis  for
the recommendation:

      (1) On or about  1  September  1998,  the  applicant  wrongfully
engaged in sexual  and  indecent  acts  in  the  presence  of  another
military  member.  He  received  a  Letter  of  Reprimand   for   this
misconduct. In addition, on or about 1 September 1998,  the  applicant
reported to work late and received a Letter of Counseling.

      (2) On or about 11 September 1998, the  applicant  wrote  a  bad
check to the Osan NCO Club and received a Letter of Reprimand.

      (3) On or about 9 October 1998, the applicant failed to call his
supervisor until an hour and half after the start of normal duty hours
to inform him of an appointment and received a Letter of Counseling.

      (4) On or about 14 October  1998,  the  applicant  committed  an
indecent assault upon a person not his wife, by digitally  penetrating
her vagina without her consent, with  intent  to  gratify  his  sexual
desires.  He received an Article 15 for this offense.

      (5) On or about 17 November 1998, the  applicant  reported  late
for duty and received a Letter of Reprimand.

Applicant acknowledged receipt of the notification  of  discharge  and
after consulting with legal counsel declined to submit  statements  in
his own behalf.  The discharge authority approved the  separation  and
directed that the  applicant  be  discharged  with  a  general  (under
honorable conditions) discharge without probation and  rehabilitation.


On 18 March 1999, the applicant was involuntarily discharged under the
provision  of  AFI  36-3208,  Administrative  Separation   of   Airmen
(misconduct – sexual perversion) with service characterized as general
(under honorable conditions) in the grade of airman basic.  He  served
1 year, 8 months and 9 days of total active military service.

On  23  March  2004,  the  Air  Force  Discharge  Review  denied   the
applicant’s request to upgrade his discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended 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 new evidence or identify  any  errors
or injustices that occurred in the discharge proceedings.  He provided
no facts warranting a change to his character of service.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was provided to the applicant on 15
March 2005 for review and comment.  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 that failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. The records reflect  that  the
commander initiated administrative actions  based  on  information  he
determined to be reliable and the administrative actions taken  appear
to have been properly accomplished.  The applicant  was  afforded  all
rights granted by statute and regulation.  We are not persuaded by the
evidence  presented  that  the  commander  abused  his   discretionary
authority when he initiated the discharge action, and since we find no
abuse of that authority, we find no reason to overturn the commander’s
decision.  Therefore, 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.
In view of the above, 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 a 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  BC-2005-
00842 in Executive Session on 29 July 2003, under  the  provisions  of
AFI 36-2603:

                 Ms. Marilyn M. Thomas, Vice Chair
                 Mr. Michael V. Barbino, Member
                 Ms. Jan Mulligan, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated, 5 Mar 05 w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, 15 Mar 05.
      Exhibit D. Letter, SAF/MRBR, dated 18 Mar 05.





      MARILYN M. THOMAS
      Vice Chair