RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03469
		INDEX CODE:  110.00
		COUNSEL:  NONE
	
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His separation code (SDN) "246" be upgraded so that he may have access to benefits.

Examiner's note:  SDN code 246 denotes "Request for Discharge for the Good of the Service."
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APPLICANT CONTENDS THAT:

He was 17 years old when he joined the Air Force, he was immature and plagued with personal problems.  After leaving the service he had a desire to show that he had honor for our country.  A desire which he pursued through his work.  Applicant lists numerous accomplishments that he has achieved while employed by various agencies.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 Jun 64.  He received nonjudicial punishment under Article 15, of the Uniformed Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 15 through 31 Aug 64.  He was reduced to the grade of airman basic and ordered into correctional custody for 30 days.  On 28 Dec 66, he received Article 15 punishment for being disorderly on station.  He was reprimanded and received a suspended reduction to the grade of airman third class.  On 1 May 67, he received Article 15 punishment because he was arrested by U. S. Customs authorities on 28 Apr 67 for illegal possession of marijuana.  His suspended reduction was vacated.  On 24 Jul 67, applicant requested that he be discharged for the good of the service under the provisions of AFM 39-12 paragraph 2-78.  His request was approved by his wing commander and on 13 Sep 67, he was discharged from the Air Force and furnished an Undesirable Discharge certificate.   He served 3 years, 2 months, and 18 days on active duty.

In response to the Board's request, the Federal Bureau of Investigations (FBI) provided a copy of an investigative report pertaining to the applicant (see Exhibit E).

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed applicant's request and states that considering the applicant was discharged over 34 years ago and the type of offenses, clemency is recommended.  DPPRS recommends that if a check of his FBI files proves negative, his discharge should be upgraded to general (under honorable conditions).  His separation code should remain the same since he did request and was discharged for the good of the service.  The DPPRS 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 18 Jan 02 for review and comment within 30 days.  A copy of the FBI investigative report was forwarded to the applicant on 26 Mar 02 for review and comment within 14 days.  As of this date, this office has received no response.

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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 probable error or injustice.  After careful consideration of the applicant's request and the available evidence of record, we see no evidence of an error or injustice that would warrant a change of the applicant's separation code or in the characterization of his service.  We agree with the opinion and recommendation of the Air Force office of primary responsibility that his separation code should remain the same since he did in fact, voluntarily request discharge for the good of the service.  We note that the Air Force office of primary responsibility suggested that we consider upgrading the characterization of his service to general (under honorable conditions) on the basis of clemency.  However, given the multiplicity and nature of the offenses committed against the good order and discipline of the service, the short period of time in which he served, and his subsequent infractions, it is our opinion that the characterization of his discharge was proper and in compliance with the appropriate directives.  In the absence of persuasive evidence to the contrary, we find no basis to favorable consider his application.  

4.  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 issue involved.  Therefore, the request for a hearing is not favorably considered.

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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 Docket Number 01-03469 in Executive Session on 25 Apr 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Nov 01.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Jan 02.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jan 02.
    Exhibit E.  FBI Investigative Report, dated 25 Jan 02.
    Exhibit F.  Letter, SAF/MRBR, dated 26 Mar 02.