RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-00503
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXX                   COUNSEL:  NONE

                                             HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His  under  honorable  conditions  (general)  discharge   be   upgraded   to
honorable.

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APPLICANT CONTENDS THAT:

He was discharged after it was discovered he had been arrested prior to  his
enlistment.   He  was  directed  by  his  recruiter  to  answer  “No”   when
questioned about this.

He is attempting to receive disability benefits from the state of Missouri.

In support of his appeal, he has provided a copy of  a  Standard  Form  180,
Request Pertaining to Military Records.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for four years on  17  March
1989, and served as a communications computer  systems  operator  until  his
discharge.

On  26  January  1990,  the  applicant’s  commander  notified  him  he   was
recommending him for an under honorable conditions (general)  discharge  for
fraudulent entry.  The  commander  stated  the  following  reasons  for  the
proposed discharge:

        a.  A  Defense  Investigative  Service  investigation  revealed  his
           nondisclosure of  several  arrests/incidents  and  past  use  and
           possession of marijuana on his DD Form 398, Department of Defense
           Personnel  Security  Questionnaire,  dated  16  May  1989.    The
           applicant admitted he falsified portions of two DD Form 398s,  DD
           Forms 1966/3 and 1966/5,  Record  of  Military  Processing–United
           States Armed Forces, and a DD Form  4/2,  Enlistment/Reenlistment
           Document–Armed  Forces  of  the  United  States.   The  applicant
           provided a statement  as  to  his  false  statements,  his  prior
           unreported arrests, and his use and possession of marijuana.

        b. On or about 27 November 1989, the applicant,  without  authority,
           failed to go at the time prescribed to  his  appointed  place  of
           duty, for which he received an Article 15.  Punishment  consisted
           of a reduction to the grade of airman basic (E-1),  and  14  days
           extra duty.

The commander advised the applicant of his rights and, on  31 January  1990,
after consulting with counsel, he submitted a  statement  requesting  he  be
given  probation  and  rehabilitation  for  six  months  in  lieu  of  being
discharged.  A legal review was conducted in which the staff judge  advocate
noted the applicant’s prior police  record  and  the  fact  he  fraudulently
failed to note this on his enlistment papers, and he had failed  to  conform
to  military  standards  during  his  short  time  in  the  Air  Force.   He
recommended he be separated and furnished a general discharge certificate.

On 22 February 1990, the applicant was discharged in  the  grade  of  airman
basic  (E-1)  under  the  provisions  of  AFR  39-10,  paragraph  5-15,  for
fraudulent entry.  He served a total of 11 months, and 6 days of net  active
service

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, provided a copy of  an  Investigation  Report  which  is  at
Exhibit C.  On 14 March 2008, a copy of the FBI report  and  a  request  for
post-service information were forwarded to  the  applicant  for  review  and
comment within 30 days.  However, as of this  date,  no  response  has  been
received by this office.

_______________________________________________________________

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.   We  considered  upgrading  the  discharge  based  on  clemency;
however, in the absence of  documentation  pertaining  to  his  post-service
accomplishments, we cannot conclude that it  is  warranted.   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-2008-00503
in Executive Session on 14 May 2008, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jan 08, w/atch.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  USDOJ FBI Report, dated 27 Feb 08.
    Exhibit D.  Letter, AFBCMR, dated 14 Mar 08, w/atchs.





                                   JAMES W. RUSSELL, III
                                   Panel Chair