RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00172
            INDEX CODE: 110.00
      XXXXXXXXXXXXXX   COUNSEL: NONE
            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions regarding the discharge action other than  to
state it has been 19 years since his discharge and he is ready  to  use  his
Veterans Affairs  (VA)  benefits.   In  2002,  he  was  falsely  accused  of
kidnapping, murder and rape, and was wrongfully incarcerated for five  years
in the state of New Mexico.  His conviction and sentence have been  reversed
and the charges dismissed.  He is ready to purchase a  new  home  but  needs
his VA benefits since the state of New Mexico has not made recompense yet.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation associated with the Court of  Appeals  of  the  State  of  New
Mexico action, his class schedule and personal references.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  1  May  86.   On  8 Dec  88,
applicant was notified by his commander  of  his  intent  to  recommend  his
discharge from  the  Air  Force  under  the  provisions  of  AFR  39-10  for
Misconduct  -  Discreditable   Involvement   with   Military   or   Civilian
Authorities.  The specific reasons for this action were:

      a.  He assaulted a British National, by placing his hands  around  her
throat causing her bodily harm  as  evidenced  by  his  plea  of  guilty  in
Norwich Crown Court.

      b.  He  received  two  Article  15  punishments  for  operating  motor
vehicles on RAF  Mildenhall,  England,  after  being  ordered  by  the  base
commander not to do so.

      c.  He wrongfully used marijuana on or about 31 Dec 87.

      d.  He received  numerous  Letters  of  Admonishment  and  Letters  of
Counseling for uttering checks with insufficient funds in his bank  account.


      e.  He received an Article 15 on 29  Oct  87  for  operating  a  motor
vehicle while drunk, for being drunk while on duty, and for  dereliction  of
his duties for failing to stay in the local area when it was his duty to  do
so.

He was advised of his rights in this matter and  after  consulting  counsel,
submitted an unconditional waiver of his entitlement to a  discharge  board.
In a legal review of the case file, the staff judge advocate found the  case
legally sufficient and recommended discharge with a UOTHC discharge  without
probation and rehabilitation.  The discharge authority  concurred  with  the
recommendations   and   directed    discharge    without    probation    and
rehabilitation.  Applicant was discharged on 6 Feb 89.  He served  2  years,
9 months and 6 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an Investigative Report, which is at Exhibit  C.   On  26
Feb 08, a copy of the FBI report was forwarded to the applicant  for  review
and comment within 30 days.

Applicant responded by stating that the only name he has  ever  gone  by  is
the name used in this  application.   He  reiterates  that  he  was  falsely
arrested and imprisoned for murder, kidnapping and rape but  the  conviction
was reversed and the charges were dismissed  after  incarceration  for  over
five years.  He has not asked the government for anything until now  and  is
simply requesting an opportunity to start his life anew after  the  judicial
system failed in a big way.  He is asking for an upgrade  of  his  discharge
so  he  may  find  a  job,  qualify  for  a  home  loan,  participate  as  a
contributing member of society, and feed his family.

In support of his response, he  provided  a  personal  statement,  a  letter
verifying his current enrolment in American Truck Training,  and  additional
copies of documentation previously provided.  His  complete  response,  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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge was consistent with the substantive requirements of the  discharge
regulation  and  within  the  commander's  discretionary   authority.    The
applicant has provided no evidence  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.  While it is not clear, it appears the  applicant  is  requesting
his discharge be upgraded on the basis of clemency; however, we do not  find
the evidence presented is sufficient to compel us to recommend granting  the
relief sought on that basis.  Therefore, in the absence of evidence  to  the
contrary, we find no basis upon  which  to  recommend  granting  the  relief
sought.

_________________________________________________________________

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  Docket  Number  BC-2008-00172
in Executive Session on 8 Apr 08, under the provisions of AFI 36-2603:

           Ms. Rita S. Looney, Panel Chair
           Mr. Garry G. Sauner, Member
           Ms. Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
00172 was considered:

     Exhibit A.  DD Form 149, dated 2 Jan 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Investigative Report.
     Exhibit D.  Letter, AFBCMR, dated 26 Feb 08.
     Exhibit E.  Letter, Applicant, dated 14 Mar 08, w/atchs.




                                  RITA S. LOONEY
                                  Panel Chair

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