RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02413
				INDEX CODE:  110.00
	APPLICANT  	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He went to town on a pass that was issued to another military member and visited an off limits establishment.  Upon leaving the off limits establishment he was apprehended by military police.  He was court martialed and confined for the offense.  The applicant states that the trials and errors went on for at least a year before he was discharged.  He feels his being discharged was harsh for the offense.  He was punished with a court martial and confinement.  He should have received an honorable discharge.  He feels his lieutenant was the driving force behind the discharge because the lieutenant was personally prejudiced against him.

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

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.  The relevant facts pertaining to this application, extracted from the applicant’s available limited military records, are contained in the letter prepared by the appropriate office of the Air Force.

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

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS states based upon the lack of documentation in the applicant's file, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulations of that time.  Also, the discharge was within the sound discretion of the discharge authority.  DPPRS further recommends clemency based on the fact there is very little military evidence regarding his discharge and if the FBI report is negative to upgrade the applicant's discharge to under honorable conditions (general).  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was confined for 90 days for the offense.  He feels that imprisonment should have been enough.  His discharge was not issued until at least a year after the incident.  He should have been discharged under honorable conditions.  He had paid his debt and he is a good citizen (Exhibit F).

A copy  of  the  FBI report was  forwarded to the  applicant on 26 December 2001, for review and response.  As of this date, no response has been received by this office (Exhibit G).

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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 of timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After thoroughly reviewing the evidence of record, we are not persuaded to recommend upgrading the discharge.  The recommendation of the Air Force is duly noted, however, we have considered the applicant's overall quality of service while on active duty and his conduct after his discharge and based on information in his FBI report, we do not believe that clemency is warranted.  In view of the foregoing, we find no compelling basis upon which to recommend the requested relief.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 01-02413 in Executive Session on 19 February 2002 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Aug 01, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 18 Sep 01.
   Exhibit E.  Letter, SAF/MIBR, dated 5 Oct 01.
   Exhibit F.  Letter, Applicant's Response, dated 10 Oct 01.
   Exhibit G.  Letter, AFBCMR, dated 26 Dec 01.