RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00142

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The characterization of his discharge be upgraded from under other than honorable conditions to an Honorable; the narrative reason changed to Convenience of the Government; the reenlistment code (RE) changed from 2b to RE 1 and the separation code changed.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The 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.  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

The Military Personnel Management Specialist, AFPC/DPPRS, reviewed the application and recommended discharge upgrade to under honorable conditions (general) if the Federal Bureau of Investigation files proves negative.  This office does not recommend a change in his narrative reason for separation or separation/reenlistment codes since his reason for separation as currently reflected is in accordance with Department of Defense and Air Force Instructions.  Application is not a timely request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 2 March 2001, for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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. Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice regarding an upgrade of the applicant’s discharge.  After thoroughly reviewing the evidence of record, we find no evidence has been presented which would lead us to believe the discharge was improper or contrary to the directive under which it was effected.  Nevertheless, the Board notes that the applicant has had to live with the stigma of the UOTHC discharge for over 18 years.  He appears to have lived as a law-abiding citizen, and has made a successful transition to civilian life.  Therefore, the Board recommends that he receive a general (under honorable conditions) discharge, as a matter of clemency.  Applicant’s request for a fully honorable discharge was considered, however, a review of his overall record does not support a further upgrade.

4.	Notwithstanding the above determination, insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice regarding the applicant’s remaining requests.  Applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the remaining relief sought in this application.

5. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge on 14 September 1982, he was discharged with service characterized as general (under honorable conditions). 

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The following members of the Board considered this application in Executive Session on 10 April 2001, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 8 Jan 01, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 9 Feb 01.
	Exhibit D.	FBI Report, dated 21 Feb 01.
	Exhibit D.	Letter, SAF/MIBR, dated 2 Mar 01.

                                   
                                   Panel Chair

AFBCMR 01-00142

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge on 14 September 1982, he was discharged with service characterized as general (under honorable conditions).