RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03255
				INDEX CODE:  110.00
	APPLICANT  	COUNSEL:  American Legion

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

In 1983, while stationed at Ellsworth AFB, he received a civilian driving under the influence charge.  He received a monetary fine, probation, and had to complete an alcohol awareness class.  He complied with the court order on his own time and at no expense to the Air Force.  He was a young man who made a mistake and has paid for it.  He has been sober for nine years.  He is in the process of completing his educational goals and would like the opportunity to complete his commitment to the Air Force.  

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

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STATEMENT OF FACTS:

The applicant served in the Air Force in the grade of airman first class.  He was discharged on 21 Apr 83 for a pattern of misconduct.  He received an under honorable conditions (general) discharge.  He served a total of 2 years, 3 months and 3 days of active service.

The Air Force Discharge Review Board (AFDRB) denied applicant's request on 26 Jan 89.

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:

AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge.  Based upon the 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 recommends denying the requested relief.  

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 and counsel reviewed the Air Force evaluation and state the applicant's discharge may have been appropriate under the circumstances, but request that his discharge be upgraded based on clemency.  The applicant further stated it has been over ten years since he has had a drink.  He is married with children and tries to maintain a strong and positive family values for his family.  He is involved in his community.  The applicant submitted, in support of his request, letters attesting to his good character, copies of employment and educational accomplishments since departing the Air Force.

Applicant's complete response, with attachments is at Exhibit F.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Based on the documentation in the applicant's records, it appears that the processing of the discharge and the characterization of the discharge were appropriate and accomplished in accordance with Air Force policy.  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 01-03255 in Executive Session on 7 May 2002 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 Dec 01, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 20 Dec 01.
   Exhibit E.  Letter, SAF/MRBR, dated 4 Jan 02.
   Exhibit F.  Letter, Applicant's Response, dated 4 Mar 02,				w/atchs.