RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00210
		INDEX CODE:  100.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.  
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APPLICANT CONTENDS THAT:

The applicant makes no contentions.  In support of his request he provided a copy of his DD Fm 214, Certificate of Release or Discharge from Active Duty.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 20 Jan 67.  He was progressively promoted to the grade of sergeant, having assumed that grade effective and with a date of rank of 1 Oct 69.  On 25 Feb 70, he was notified by his commander that he was recommending that he be discharged from the Air Force under the provisions of AFM 39-12, paragraph 2-15a.  The specific reasons for his action was that on 6 Oct 69 he was arrested and charged with disorderly conduct, he received punishment under Article 15 on 6 Jan 70 for failure to go to his appointed place of duty, in which he received a suspended reduction in grade, ordered to forfeit $50 per month for two months, and 60 days restriction.  On 12 Feb 70, his sentence was vacated and he was reduced to the grade of airman first class effective and with a date of rank of 7 Jan 70. He acknowledged receipt of the notification on that same date.   

After consulting counsel, applicant elected to not waive his right to an administrative discharge board and submitted a statement on his own behalf.  On 3 Mar 70, an administrative discharge board convened and recommended that he be discharged from the Air Force with a general discharge, without probation and rehabilitation.  In a legal review of his case the wing staff judge advocate found the case legally sufficient.  The applicant was discharged on 14 Apr 70.  He served 3 years, 2 months, and 25 days on active duty.

Pursuant 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 recommends denial.  DPPRS states that he did not provide any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade of his discharge.  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 8 Mar 02 for review and comment within 30 days, and a copy of the FBI investigative report was forwarded to the applicant on 9 Apr 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 an error or injustice.  We find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe he has suffered from an injustice.  Therefore, 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.  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 Docket Number 02-00210 in Executive Session on 14 May 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Feb 02.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Mar 02.
    Exhibit E.  FBI Investigative Report, dated 3 Apr 02.
    Exhibit F.  Letter, SAF/MRBR, dated 9 Apr 02.