RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00785
      INDEX CODE:  110.00
      COUNSEL:  NONE
      HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He was falsely accused of assault while stationed in  Japan  which  resulted
in an injustice.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 18 Dec 81, the applicant enlisted in the Regular Air Force at the age  of
19 in the grade of airman basic for a period of 4 years.   After  completing
basic military and technical training, he was assigned to duties as  an  air
passenger specialist.  He was promoted to the grade of airman  first  class,
having assumed that grade effective and with a date of rank of  18  Jun  82.
He was demoted to the grade of airman, effective and with a date of rank  of
28 Oct 82.

He received one Airman Performance Report for the period of 17 Dec 81 to  17
Dec 82 with an overall rating of five.

On 24 Mar 83, his commander recommended his discharge under  the  provisions
of AFR 39-10, paragraph 5-48 for misconduct based  on  conviction  by  civil
authorities.  The specific reason was his conviction for injuries  resulting
from  rape.   He  also  recommended  the  applicant  be  furnished  a  UOTHC
discharge.

The following is a record of disciplinary action  under  Article  15,  UCMJ,
listing specific offenses:

      1.  He received an Article 15 on 18 Oct 82  for  operating  a  vehicle
while drunk with Unfavorable Information File entry on 22 Oct 82.

      2.  He was placed on international hold  for  possession  and  use  of
marijuana and hashish on 16 Oct 82.

      3.  He was placed on International  Hold  due  to  injuries  resulting
from rape on 20 Nov 82, for which he was indicted.  He was convicted in  the
Tokyo District Court on 9 Mar 83 and sentenced to three  years  imprisonment
at forced labor with the  execution  of  the  sentence  suspended  for  four
years.

On 30  Mar  83,  the  applicant's  request  for  a  conditional  waiver  was
disapproved.  He  was  advised  to  consult  legal  counsel  and  submit  an
unconditional waiver or request an administrative discharge  board  hearing.
He subsequently waived his right  to  a  hearing  before  an  administrative
discharge board and submitted statements in his own behalf.   His  discharge
was approved on 8 Apr 83.  He was discharged on 14 Apr  83  for  misconduct-
civilian conviction.  He served 1 year, 1 month and 12 days on  active  duty
with 76 days of lost time.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of  an  Investigative  Report,  (Identification  Record  No.
913098W6) which is at Exhibit C.

In his undated  letter,  the  applicant  requested  the  Board  upgrade  his
discharge because it would benefit him greatly when seeking employment.   He
states he volunteered to serve his country.  He performed  duties  as  squad
leader during basic training and guide arm  (green  rope)  during  technical
training school (Exhibit E).

On 31 Mar 08, a copy of the FBI report was forwarded to  the  applicant  for
review and comment within 30 days.

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APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:

In his response dated 30 Apr 08, the applicant states his life has  taken  a
180 degree turn after living a life filled with abuse and alcohol.   He  has
a  willful  desire  to  be  a  good  and  working  member  of  society.   He
voluntarily sought help and participates  in  recovery  programs.   Although
his FBI report was lengthy, many of his charges were dismissed.

In further support of  his  request,  he  submitted  a  character  reference
letter, several certificates of completion,  and  a  pay  check  stub.   His
complete response, with attachments, is at Exhibit F.

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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  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, 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.

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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 this application in  Executive
Session on 9 Jul 2008, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Anthony P. Reardon, Member
      Ms. Josephine L. Davis, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-00785:

      Exhibit A.  DD Form 149, dated 19 Feb 08.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  FBI Investigtive Report.
      Exhibit D.  Letter, AFBCMR, dated 31 Mar 08.
      Exhibit E.  Letter, Applicant, not dated.
      Exhibit F.  Letter, Applicant, dated 30 Apr 08.




                                  CHARLENE M. BRADLEY
                                  Panel Chair