RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02454
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  19 FEB 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
a general (under honorable conditions) or an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His UOTHC discharge was  based  on  an  isolated  incident.   Because  of  a
terrible chain of events and an extreme amount of stress, he made  an  error
in judgment and did not report  for  duty.   He  realizes  that  was  a  bad
decision.  He states that during that time he was young  and  naïve.   Since
his discharge he has  worked  very  hard  to  be  a  good  father,  husband,
provider, and citizen.

In support of his request, the applicant provided a personal  statement  and
documents extracted from his military personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 June 1982 in the grade  of
airman basic for a period of four years.  On  7  June  1989,  the  applicant
requested a general  discharge  in  lieu  of  trial  by  court-martial.   On
14 June 1989, the commander approved the applicant’s request  for  discharge
in lieu of trial by court-martial.   The  commander  indicated  the  charges
involved a one-day absence without leave (AWOL);  two  false  statements  to
supervisors, and larceny/wrongful receipt of an inflatable boat  and  motor.
In a legal review of the case file, the staff judge advocate found the  case
legally sufficient and recommended the request for  discharge  be  approved.
On 16 June 1989, the discharge authority concurred with the  recommendations
and directed that he be  discharged  with  an  under  other  than  honorable
conditions discharge.  Applicant was discharged on 13 July 1989.  He  served
7 years, 1 month and 3 days on active duty.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated that they were unable to identify  with
an arrest record on the basis of information furnished - Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states 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.   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 UOTHC discharge.

The DPPRS complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 October 2006, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  E).   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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.  While we find no evidence of  an  error
in the applicant's discharge processing, after a review of the  evidence  of
record, we believe the characterization of his service as under  other  than
honorable conditions warrants correction.  In this respect, the  applicant's
dilemma is centered around property that  he  states  he  purchased  unaware
that it had been previously stolen.  His commander  apparently  believed  he
either stole the item or had knowledge that  it  was  stolen  prior  to  the
purchase.  Nonetheless, in our opinion, given the  fact  that  the  evidence
under which he was accused was circumstantial, the fact he himself  reported
he was in possession of the item, his record of  outstanding  service  prior
to the  incident,  and  no  reported  involvement  of  a  derogatory  nature
subsequent  to  his  discharge,  we  believe  reasonable  doubt   has   been
established as to whether or not the characterization of  his  discharge  is
accurate.  While we find his absence from  duty  unacceptable,  taking  into
consideration his age and immaturity at the time and facing the  possibility
of a lengthy confinement, his actions  are  understandable.   Therefore,  in
view of the above and his apparent successful transition  to  civilian  life
we are of the opinion that upgrading the applicant’s discharge to  honorable
based on clemency would be appropriate.  Accordingly, the  Board  recommends
the applicant’s records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 13 July 1989,  he  was  honorably
discharged and issued an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
02454 in Executive Session on 28 November 2006, under the provisions of  AFI
36-2603:

                 Ms. Cathlynn B. Novel, Panel Chair
                 Ms. Judith B. Oliva, Member
                 Mr. Don H. Kendrick, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Jul 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 14 Sep 06.
   Exhibit E.  Letter, SAF/MRBR, dated 13 Oct 06.





                       CATHLYNN B. NOVEL
                       Panel Chair



AFBCMR BC-2006-02454





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 XXXX, be corrected to show that on 13 July 1989, he was
honorably discharged and issued an Honorable Discharge certificate.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency