RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02499
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His narrative reason for discharge be changed from “desertion” and his
discharge date be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never charged  with  desertion.  He  believes  the  involuntary
discharge during Desert Storm conflict caused his narrative reason  to
reflect desertion.

In support of his application,  the  applicant  provides  a  personnel
statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
11 April 1990, for a term of 4 years.  He  was  convicted  by  Special
Court-Martial Order Number 10, dated 8 November 1990, for unauthorized
absence from his place of duty from on or about 28 July 1990 to on  or
about 12 September 1990. He pleaded guilty to  the  specification  and
was found guilty.  The applicant was sentenced to be  discharged  from
the service with a bad conduct discharge, confinement for 47 days, and
forfeiture of $200.00 pay per month for two months.  The sentence  was
approved except for the bad conduct discharge.

On 20 September 1991, Special Court-Martial Order  Number  5  affirmed
the  sentence  except  for  the  bad  conduct  discharge.  The  Active
Secretary of the Air Force substituted a general discharge for the bad
conduct discharge. Applicant’s date of separation was  established  as
30 September  1991  and  he  was  discharged  with  a  general  (under
honorable conditons) discharge under  the  provisions  of  AFM  39-12,
Separation for Unsuitability, Misconduct, Resignation, or Request  for
Discharge  for  the  Good  of  the  Service  and  Procedures  for  the
Rehabilitation Program  (conviction  by  court-martial-desertion).  He
served one year, four months, and 3  days  of  total  active  service.
During the period from 31 October 1990 until 30  September  1991,  the
applicant was in excess leave status pending appellate review  of  his
court-martial action.

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial and 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. The applicant did not submit any evidence or  identify  any
errors or injustices that occurred in the  discharge  processing,  nor
did  he  provide  any  facts  warranting  a  change  to  his  date  of
separation.

AFPC/DPSOS’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and  states  he  questions
the authenticity of the desertion charge. He wonders if he  can  be  a
deserter and be discharged  under  honorable  conditions.  He  thought
desertion was in time of war. As  the  advisory  opinion  states,  his
apprehension date was on or about    12  September  1990  and  he  was
confined for 47 days confirming his tenure in the Air Force to be less
than 6 months. The country was  not  at  war  in  September  1990,  so
without the appellate review period, he  was  physically  out  of  the
service prior to any act of war. He is not certain the period  of  the
appellate review would lengthen his service date. His service  in  the
Air Force was over; he was at home  while  the  appellate  review  was
reviewing his court-martial.

Applicant’s complete response is at Exhibit E.

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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 an error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we  are  not  persuaded
that his records should be changed. In this regard, we note  that  the
discharge appears to be in compliance with  the  governing  manual  in
effect at the time and we  find  no  evidence  to  indicate  that  the
applicant’s  separation  from  the  Air   Force   was   inappropriate.
Applicant’s contentions were duly noted; however, we do not find these
assertions, in and by themselves, sufficiently persuasive to  override
rationale provided by the Air Force.  Therefore,  we  agree  with  the
opinion and recommendation of the office of primary responsibility and
adopt its rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice. In  the  absence  of
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

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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-2007-
02499 in Executive Session on 28 November 2007, under  the  provisions
of AFI 36-2603:

      Ms Charlene M. Bradley, Panel Chair
      Ms Karen A. Holloman, Member
      Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2007-02499:

      Exhibit A. DD Form 149, dated 24 Jun 07.
      Exhibit B. Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSOS, dated 4 Sep 07.
      Exhibit D. Letter, SAF/MRBR, dated 12 Oct 07.
      Exhibit E. Applicant’s Response, dated 22 Oct 07.





      CHARLENE M. BRADLEY
                                        Panel Chair