RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00353
		INDEX NUMBER:  110.00

	XXXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	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:

He was subjected to overt abuse and discrimination by Air Force members, which impacted his ability to serve.  He has attached a copy of a statement he submitted at the time of his discharge that outlines problems he had while in service.  He also has provided a current statement detailing an incident he was involved in while in service.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 11 Mar 64.  On 28 Dec 64, he was notified by his Medical Squadron Section commander that action was being initiated to discharge him for character and behavior disorder as manifested by the following:

	  a.  7 Oct 64 Article 15 for drunk and disorderly in station and failure to repair.  Reduced to the grade of Airman Basic and placed in Correctional Custody for 30 days.

	  b.  20 Oct 64 Article 15 for misconduct in ranks.  Placed in correctional custody for an additional 30 days.  Sentence suspended for 3 months.

	  c.  27 Nov 64.  Vacation of suspended Article 15 punishment for failure to repair.  Placed in Correctional Custody for 30 days.

The applicant acknowledged receipt on 28 Dec 64.  An evaluation officer analyzed the case against the applicant and determined that he was not of a character readily adaptable to the military and that continued service would not conform to the standards of production.  On 29 Jan 65, the Wing commander approved the applicant’s discharge.  The applicant was discharged on 4 Feb 65 with a General Under Honorable Conditions discharge.

On 12 Apr 78, the Air Force Discharge Review Board denied an appeal from the applicant to upgrade his discharge.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  The applicant did not submit 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 complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates in his response that the Air Force evaluation contained an error, but he would not point it out at this time.  The applicant indicates that the most important reason he should get an upgrade of his discharge is because he volunteered to join the service during the Vietnam era.  He points out that he was seventeen years old and therefore prone to error, even though his heart was and still is with his country.  He further indicates that his being drunk and acting out was a youthful indiscretion that could have been dealt with in other ways.

The applicant’s complete response is at Exhibit E.

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FBI REPORT:

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a Report of Investigation pertaining to applicant.

The complete report is at Exhibit F.

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APPLICANT”S RESPONSE TO FBI REPORT:

The applicant indicates in his response that his FBI report contains some disturbing errors.  He states that he was never sentenced to 20 years in jail and has never been convicted of a felony.

Since he left the Air Force, he led a hellish life on drugs, but in 1990 embraced Alcoholics Anonymous and has been clean for many years.  He responds that his staff sergeant advised him that he would never be able to hold a job if he left the service with a general discharge, and so he has not been above the poverty level his entire life.

The applicant’s complete response is at Exhibit H.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the primary basis for our conclusion that the applicant has not been the victim of an error or injustice.  Additionally, after reviewing the FBI report requested on the applicant and taking note of the lack of positive post-service information, we do not find sufficient grounds to upgrade his discharge based on clemency.  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 Docket Number 02-00353 in Executive Session on 14 May 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 26 Feb 02.
    Exhibit D.  Letter, SAF/MIBR, dated 1 Mar 02.
    Exhibit E.  Letter, Applicant, undated.
    Exhibit F.  FBI Report.
    Exhibit G.  Letter, AFBCMR, dated 12 Apr 02.
    Exhibit H.  Letter, Applicant, undated.