RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01844
            INDEX CODE:  A67.90
      XXXXXXX    COUNSEL:  NONE

             HEARING DESIRED:  NOT INDICATED


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Under  Other  Than  Honorable  Conditions  (UOTHC)  discharge  be
upgraded to Honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge should be honorable.

In support of his request, the applicant provides a  copy  of  his  DD
Form 293, Application for Review of Discharge from the Armed Forces of
the United States; and his DD Form  214,  Certificate  of  Release  or
Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records indicate he enlisted in the  Regular  Air
Force on 17 Oct 86 as an airman basic (E-1) for a period of four years
and was progressively promoted to the grade of sergeant (E-4).

On 29 Aug 91, the applicant was  notified  by  his  commander  of  his
intent to recommend his involuntary discharge from the Air  Force  for
commission of a serious offense.  On 16 Sep 91, the commander  amended
the letter of notification to change the basis for  the  action  to  a
pattern of misconduct consisting of conduct prejudicial to good  order
and discipline in accordance with AFR  39-10,  paragraph  5-47b.   The
specific reasons for the action were:

     a.  He did, on 10 Jul  91,  steal  $100.00  from  a  fellow  unit
member, for which he was reduced in grade to airman first class  (E-3)
via nonjudicial punishment.

     b.  He did, on 12 Sep 91, disobey  a  lawful  order  given  by  a
security policeman; leave the scene of an automobile accident  without
identifying himself to the operator of the other vehicle; and  operate
a privately owned vehicle while drunk.

On 16 Sep 91, after  consulting  with  legal  counsel,  the  applicant
acknowledged receipt of the amended letter of notification, waived his
right to an administrative discharge board and requested he receive  a
General discharge.

On 3 Oct 91, the case was found  to  be  legally  sufficient  and  the
discharge authority approved the commander’s recommendation  on  7 Oct
91, ordering the applicant’s involuntary discharge.

On 9 Oct 91, the applicant was furnished a  UOTHC  discharge  and  was
credited with 4 years, 11 months, and 22 days of active service.

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
(FBI) provided a copy of an Investigative Report, which is at  Exhibit
C.

A copy of the FBI Report of Investigation  and  a  request  for  post-
service information was forwarded  to  applicant  on  23  Jul  09  for
comment within 30 days.   As  of  this  date,  no  response  has  been
received by this office (Exhibit D).

_________________________________________________________________

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.   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 applicant’s UOTHC discharge for conduct prejudicial  to
good  order  and  discipline  was  consistent  with  the   substantive
requirements of the discharge regulation and  within  the  commander’s
discretionary authority.  He has provided no evidence which would lead
us to believe the characterization of  his  service  was  improper  or
contrary to the provisions of the governing directive.  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.  In view of the foregoing, and in the
absence of evidence to the contrary, we conclude that no basis  exists
to upgrade the applicant’s general discharge.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2009-01844 in Executive Session on 28 Oct 09, under the provisions  of
AFI 36-2603:

            Mr. Gregory A. Parker, Panel Chair
            Mr. James L. Sommer, Member
            Ms. Shari Cohen, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Apr 09.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report.
     Exhibit D.  Letter, AFBCMR, 23 Jul 09, w/atch.




                                   GREGORY A. PARKER
                                   Panel Chair


















                       AIR FORCE BOARD FOR CORRECTION
                             OF MILITARY RECORDS

                   CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

      XXXXXXX                           BC-2009-01844


ROUTE IN TURN                INITIALS  DATE


1.  CHIEF EXAMINER                ________  ________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR            ________  ________
    (Coordination)


3.  RETURN TO EXAMINER FOR E-MAIL/FAX


4.  MR. GREGORY A. PARKER               ________  ________
    PANEL CHAIR
    (Signature on Proceedings)


5.  AFBCMR (Processing)





                                   JOHN K. VALLARIO
                                   EXAMINER
                                   AIR FORCE BOARD FOR CORRECTION
                                   OF MILITARY RECORDS








                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




Office Of The Assistant Secretary


AFBCMR
1535 Command Drive
EE Wing 3rd Floor
Andrews AFB, MD 20762-7002


Mr. XXXXXXX
c/o Veterans Service Agency
XXXXXXXnue
XXXXXXX, NY  12180


Dear Mr. Johnson

      Reference your application submitted under the provisions of AFI
36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2009-01844.

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant evidence
for consideration by the Board.  In the absence of such additional
evidence, a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





            O. B. TAYLOR, JR.
            Chief Examiner
            Air Force Board for Correction
            of Military Records


Attachment:
Record of Board Proceedings