RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00057
		INDEX CODE 110.00
		COUNSEL:  NONE

  		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He feels that he did not deserve an undesirable discharge.  He had two courts-martial that led to his discharge and both of them were because of his drinking.  

In support of his application, the applicant submits DD Forms 293 and 214, a letter from Lincoln Police Department, a certificate from the Department of Veterans' Affairs and a personal letter.  His complete submission, with attachments, is 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 at Exhibit D.

Pursuant to the Board's request for information, the FBI indicated that, on the basis of the evidence provided, they were unable to locate an arrest record pertaining to the applicant (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  The applicant met a Board of Officers on 18 Dec 53 and the Board recommended the member be discharged with an undesirable discharge.  The Discharge Authority approved the discharge on 2 Feb 54.  The applicant had been sentenced by three previous Summary Courts-Martial, on     20 Feb 52, 13 Mar 52, and 13 Nov 53, for drunk and disorderly conduct.  He was convicted by Special Courts-Martial on 23 Jan 53 for threatening to unlawfully strike a female.  Punishment included confinement to hard labor, forfeiture of pay and restriction to the base.  He also had two Articles 15 that resulted in nonjudicial punishment.  Repeated counseling by his commander and supervisors failed to elicit satisfactory responses.  He had 121 days of lost time.  A Discharge Review Board reviewed the case on 20 Aug 54 and denied upgrade.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting a change in his discharge.  

Accordingly, DPPRS recommended his records remain the same and his request be denied.  He did not file a timely request.

AFPC/DPPRS evaluation is 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 1 March 2002, 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 probable error or injustice.  	After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his discharge should be upgraded to general (under honorable conditions).  We find no impropriety in the characterization of the applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  The Board is of the opinion that the documents submitted by the applicant do not provide any new evidence or identify any errors or injustices that occurred in the discharge processing.  In the absence of such evidence, favorable action is not recommended.

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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 02-00057 in Executive Session on 25 April 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 17 Jan 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report, dated 29 Mar 02.
	Exhibit D.	Letter, AFPC/DPPRS, dated 6 Feb 02.
	Exhibit D.	Letter, SAF/MRBR, dated 15 Feb 02.