RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01054
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He served honorably and with dignity.  He was promoted to Technical Sergeant (TSgt/E-6) under the deserving airman promotion program.  When his country called, he didn’t question, he went.  What happened in his personal life, catching his wife having an affair with a Catholic priest, on his return from Desert Storm did not cause him to do anything that would do harm to the Air Force Reserves.

In support of his appeal, the applicant has provided a personal statement, copies of his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, his order calling him to involuntary active duty in support of Desert Storm, and a copy of a DD Form 214, Report of Separation from Active Duty, detailing his service with the US Marine Corps.

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

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STATEMENT OF FACTS:

Applicant joined the Illinois Air National Guard (IL ANG) on 17 January 1985.  On 15 June 1995 he was discharged with an Under Other Than Honorable Conditions (UOTHC) discharge as a result of a civilian conviction and subsequent incarceration.  At discharge, he had served 19 years, 4 months, and 29 days of combined active and Reserve component service.

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AIR FORCE EVALUATION:

ANG/DPP recommends denial.  DPP states the IL ANG Judge Advocate found the discharge based on civil conviction to be legally sufficient.  DPP also notes the applicant’s NGB Form 22, item 24, is missing the term “Under Other Than Honorable Conditions (UOTHC).”  The IL ANG has been directed to make the correction to his NGB Form 22.

DPP’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 January 2004 for review and comment within 30 days.  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.  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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant may, in the future, appeal for clemency in upgrading his discharge after he has had time to reestablish himself and become a positive force in his community.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01054 in Executive Session on 2 March 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Mar 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 6 Jan 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.

                                   
                                   Panel Chair