RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-1980-03772
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge (UOTHC) be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He requested an early discharge. He was offered an  UOTHC  and  he  accepted
it.  Had he not accepted the UOTHC, he believes he would  have  received  an
honorable discharge. His decision to accept the UOTHC discharge was  a  poor
decision on his part.

In support of his application, the applicant  provides  a  letter  from  his
congressman, a personal statement, and several post service letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 April 1976 for a period  of
four years and was progressively promoted  to  the  grade  of  airman  first
class.

On 4 May 1979, the applicant requested discharge under AFM  39-12,  para  2-
78, for the good of the service - in lieu of trial by Court-Martial for  the
following reasons:

    a. On 12 June 1978, he received a letter of  reprimand  for  failure  to
       repair.

    b. On 3 November 1978, he received an Article 15 for failure to repair.

    c. On 4 December 1978, he received a letter of reprimand  for  violation
       of Article 108, UCMJ, by tearing up the 1st, 2nd and 3rd indorsements
       to  a  51  SPS/CC  letter,  dated  28 November  1978,   Vacation   of
       Suspension.

    d. On 5 December 1978, he received a letter of reprimand for failure  to
       escort a Korean national female off base at the established hour.

    e. On 2 January 1979, he received an Article 15 for failure to repair.

    f. On 6 February 1979, he received an Article 15  for  being  drunk  and
       disorderly in a public place, assaulting  a  superior  NCO  by  being
       verbally  abusive  and  throwing  an  ashtray  at   him,   wrongfully
       communicating a threat to  kill,  wrongfully  using  reproachful  and
       provoking words and resisting apprehension by Security Policemen.  He
       was ordered to perform extra duty for 30 days.

On 21 June 1979, the applicant was discharged from the Air Force  under  the
provisions of AFR 39-10, Unsuitability, paragraph 5-47b  (For  the  Good  of
the  Service),  with  an  under  other  than  honorable  conditions  (UOTHC)
discharge.  He served 3 years,  6  months,  and  21  days  of  total  active
military service.

On 12 May 1980, the Air Force Discharge  Review  Board  concluded  that  the
applicant's discharge should not be changed.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 14  May  2007,  that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record (Exhibit C).

_________________________________________________________________

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.     We  find  no  impropriety  in  the  characterization  of  applicant's
discharge.  It  appears  that  responsible  officials  applied   appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that the applicant  was
not afforded all the rights to which entitled  at  the  time  of  discharge.
Considered alone, we conclude the  discharge  proceedings  were  proper  and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.    Consideration of this Board, however, is not  limited  to  the  events
which precipitated the discharge.  We have  a  Congressional  mandate  which
permits consideration of other factors; e.g.,  applicant's  background,  the
overall   quality   of   service,   and    post-service    activities    and
accomplishments.  Further, we may base our decision  on  matters  of  equity
and clemency rather than simply  on  whether  rules  and  regulations  which
existed at the time were followed.  This is  a  much  broader  consideration
than officials involved in the discharge were permitted,  and  our  decision
in no way discredits the validity of theirs.

5.    Under our broader mandate and after careful consideration of  all  the
facts and circumstances of the applicant's case, we are persuaded  that  the
applicant has been  a  productive  member  of  society.   We  recognize  the
adverse impact of the discharge the applicant received; and,  while  it  may
have been appropriate at the time, we believe it would be an  injustice  for
him  to  continue  to  suffer  its  effects.   Accordingly,  we  find   that
corrective action is appropriate as a matter of equity and on the  basis  of
clemency.   Therefore,  we  recommend  that  his  records  be  corrected  as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 21 June 1979, he  was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-1980-
03772 in Executive Session on 29 April 2008, under the provisions of AFI 36-
2603:

       Mr. Gregory A. Parker, Panel Chair
       Mr. James A. Wolffe, Member
       Mr. Joseph D. Yount, Member

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

      Exhibit A. DD Form 149, dated 3 Jan 08, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report, dated 27 Feb 08.






                                   GREGORY A. PARKER
                                   Panel Chair
AFBCMR BC-1980-03772




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 XXXXXXX, XXXXXXX, be corrected to show that on 21 June 1979,
he was discharged with service characterized as general (under honorable
conditions).






      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency