RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00041
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  9 July 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be  upgraded  to
general under honorable conditions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he was unjustly discharged because when he  got  in  trouble  he
was suffering from severe depression.  His 15  years  of  dedicated  service
and  clean  record  should  count  towards  an  upgrade  to  his   discharge
characterization.  He is trying to get into the veterans medical system.

The applicant does not provide any evidence in support  of  his  appeal.   A
copy of the applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 December 1983, the applicant enlisted in the Regular Air Force at  the
age of 23 in the grade of airman basic (E-1) for a  period  of  four  years.
He  was  progressively  promoted  to  the  grade  of  staff  sergeant  (E-5)
effective and with a date  of  rank  of  1 September  1990.   Following  his
completion of basic training, the applicant was trained  and  served  as  an
Air Transportation Craftsman.  He received fifteen performance reports  from
the period 13 December 1983 through 15 September 1997 with ratings of 9,  9,
9, 9, 9, 9, 5, 5, 5, 5, 5, 5, 4, 5, and 5.

On 15  December  1998,  the  Superior  Court  of  the  State  of  Washington
sentenced the applicant to civil confinement  for  a  period  of  42  months
after finding him guilty of one  count  of  unlawful  imprisonment  and  one
count of assault in the second degree.

On  18  March  1999,  his  commander   notified   the   applicant   of   his
recommendation to discharge the applicant under the provisions of  paragraph
5.51.1 of Air Force Instruction (AFI) 36-3208, Administrative Separation  of
Airmen, and Air Force Personnel Directive 36-32,  Military  Retirements  and
Separations, with an UOTHC discharge.   On  23  March  1999,  the  applicant
acknowledged receipt  and  requested  a  hearing  before  an  administrative
discharge board with military counsel.

On 14 May 1999, an administrative discharge board found reasonable  evidence
to support the applicant’s discharge and recommended he be  discharged  with
a UOTHC discharge without probation and rehabilitation (P&R).   On  23  July
1999, the staff judge advocate found the case to be legally sufficient.   On
28 July  1999  the  discharge  authority  approved  the  recommendation  and
directed the applicant  be  separated  with  a  UOTHC  discharge  under  the
provisions of AFI 36-3208, Chapter 5, Section H,  paragraph  5.51  and  5.56
and Chapter 6, Table 6.11 without P&R.

The applicant  was  discharged  effective  20  August  1999  with  an  UOTHC
discharge.  He served 15 years, 8 months, and 7 days of active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  applicant’s  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation in affect at that time and was  within  the  discretion
of the discharge authority.  The applicant did not submit  any  evidence  or
identify  any  errors  or  injustices  that  occurred   in   his   discharge
processing.  It is DPPRS’ opinion that the applicant has provided  no  facts
warranting a change to his character of service.  The  DPPRS  evaluation  is
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  responded  that  he  takes  full  responsibility   for   his
conviction.  He feels if he had received the proper  medical  treatment  for
his depression he would not have received a UOTHC discharge.  He  hopes  the
Board will take into consideration his 15 years  of  honorable  service  and
the  numerous  decorations  and  citations  he  received.   The  applicant’s
rebuttal, with attachments, is at 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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   Furthermore,  the
applicant has provided no  evidence  indicating  that,  subsequent  to  his
separation, he has made a successful post service  adjustment.   Therefore,
we are not inclined to favorably consider his request  based  on  clemency.
Accordingly, the applicant’s request is denied.

_________________________________________________________________

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 this application in  Executive
Session on 10 May 2006, under the provisions of AFI 36-2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-00041:

      Exhibit A.  DD Form 149, dtd 25 Dec 05.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPRS, dtd 22 Feb 06.
      Exhibit D.  Letter, SAF/MRBC, dtd 3 Mar 06.
      Exhibit E.  Applicant’s Letter, dtd 24 Mar 06, w/atchs.




                                                   MICHAEL V. BARBINO
                                                   Panel Chair