RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01877
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a Student Leader during Technical School  and  received  a  Red  Rope
(the highest rank).  He arrived late to his first permanent  assignment  and
was charged with being Absent Without Leave (AWOL).  He  became  very  upset
and felt the Air Force had turned its back on him.   His  second  supervisor
seemed to dislike him and wrote him up on everything.

He joined the Honor Guard Team and was issued a Government American  Express
card to use for temporary duty assignments (TDY).  He would  sometimes  make
withdrawals prior to leaving for  TDY  and  was  ultimately  discharged  for
unauthorized use of the card.  He was not given an  opportunity  to  discuss
his discharge and was never  informed  that  he  was  using  his  government
credit card improperly.  He needs his discharge updated  to  participate  in
the “Helmets and Hardhats” program where he will receive training to  become
an Operating Engineer.  He and his wife of one year  just  brought  a  home.
He has a seven year old daughter and another child on the way.

His discharge must be upgraded for him to remain in the program.   He  needs
this job to take care of his family and he would like to use his GI Bill.

In support of the application, the applicant submits a  personal  statement,
copies of his DD Form 293, Application for the Review of Discharge from  the
Armed Forces of the United States,  Certificate  of  Appreciation,  DD  Form
214, Certificate of Release or Discharge  from  Active  Duty,  and  excerpts
from his discharge case file.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24  Sep  97.   On  19 Feb
99, he requested discharge in Lieu of Trial by Court-Martial, after  he  was
charged with one specification of being Absent Without Leave  (AWOL),  Leave
Without Authority, and a False Official Statement,  respectively;  and,  two
specifications of Failure to Go and Dereliction of Duty, respectively.

His commander recommended approval of his request with an  UOTHC  discharge.
The discharge authority approved the recommended discharge  on  23  Feb  99.
The applicant was discharged on 24 Feb  99  after  serving  one  year,  five
months and one day on active duty.

On 7 Nov 00, the Air Force Discharge Review Board (AFDRB) denied  a  similar
request by the applicant.  The AFDRB concluded the discharge was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation, was within the discretion of the discharge  authority  and  that
the applicant was provided full administrative due  process.   In  addition,
the AFDRB found no legal or equitable basis for upgrade of  the  applicant’s
discharge.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends denial.  DPSOS states the  applicant  was  afforded
the opportunity  to  consult  with  counsel  and  advised  of  the  possible
consequences of an UOTHC discharge.   DPSOS  notes  the  applicant  did  not
submit any evidence or identify any errors or injustices  that  occurred  in
the discharge processing warranting a  change  to  his  characterization  of
service.

The complete DPSOS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19  Mar
10 for review and comment within 30 days.  As of this date, this office  has
received no response (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  error  or  injustice.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our  conclusion  the
applicant has not been the victim of an error or injustice.   Therefore,  in
the absence of evidence to the contrary, we  found  no  basis  to  recommend
granting the relief sought in this application.

_______________________________________________________________

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 6 May 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-01877:

    Exhibit A.  DD Form 149, dated 26 May 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOS, dated 10 Mar 10.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 10.




                                   Panel Chair