RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-01013
							INDEX CODE:  110.02
    							COUNSEL:  NONE

    							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

His discharge has been a thorn in his side ever since he sobered up in April 1975, when he completed the alcohol treatment program.  When he returned to the United States in 1967, he was planning to make the Air Force a career, but went back to his ex-wife which was a big mistake.  When he was at Sheppard AFB, his ex-wife left him and started living with a technical sergeant.  This was hard for him to handle.  When he would get intoxicated, he would go Absent Without Leave (AWOL) so her support check would stop but when he would sober up he would realize that the only person he was hurting was himself.  

The only trouble he has been in is having 3 Driving While Intoxicated (DWI) convictions.  In the 30 years he’s been working, he has been in management 21 years and has always tried to do his best.  He is now disabled due to a bad snowmobile accident, in which he had his right leg amputated.  He is grateful to be alive today and ever since he sobered up, he has tried hard to be a good person and help other people.  He has two brothers who served in the military and both received honorable discharges. He knows that going AWOL was the biggest mistake in his life and is embarrassed about his discharge. 

In support of his request, he submits a personal statement, two character references; a copy of his DD Form 214 and his discharge certificate; copies of letters of commendation/appreciation; a copy of a TDY order and copies of his performance reports. 

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

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STATEMENT OF FACTS:

On 6 January 1961, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  
On 30 June 1964, the applicant was discharged with an honorable discharge because of reenlistment prior to expiration of term of service.  He had served 3 years, 5 months and 25 days on active duty with no time lost.  He was awarded the Good Conduct Medal.

The applicant reenlisted on 1 July 1964. 

From 25 September 1967 to 8 October 1967, he was charged with Absent Without Leave (AWOL).  For this incident, punishment under Article 15, Uniform Code of Military Justice, was imposed.  He was reduced to the grade of airman first class, which was suspended for six months, and restriction to the limits of Sheppard AFB for 30 consecutive days.

On 1 December 1967, he was charged with failure to go at the time prescribed to his appointed place of duty.  For this incident, his suspension to the grade of airman first class was vacated.

From 14 December 1967 to 11 January 1968, he was charged with AWOL.  

From 12 January 1968 to 26 March 1968, he was dropped from his unit’s rolls as a deserter.  On 27 March 1968, he was apprehended by civil law enforcement authorities and was returned to military control.  From 27 March 1968 to 31 March 1968, he was confined at Tinker AFB OK.  

From 16 July 1968 to 17 July 1968, he was charged with AWOL.  

On 25 April 1968, the applicant was tried by a special court-martial for violation of Article 86, Absent Without Leave (AWOL), from 14 December 1967 until 26 March 1968.  He pled and was found guilty, and was sentenced to be discharged with a bad conduct discharge and to be reduced in grade to airman basic.  The applicant was discharged with a bad conduct discharge on 12 August 1968.  He had served 3 years, 9 months and 9 days on active duty.  He had 124 days lost time due to AWOL and confinement.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant, which is at Exhibit F.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  

The DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that his General Court-Martial is news to him since he was not at the base at the time.  Applicant states he was AWOL between 14 December 1967 through 26 March 1968 when he was picked up in Oklahoma City.  He was taken back by his First Sergeant in March 1968.  The only court-martial he ever had was in May 1968.  The only thing he did wrong while he was in the Air Force was to go AWOL twice.  The charges of breaking and entering and being sentenced to 24 months of hard labor are also news to him since he was not at the base.  When he separated from the Air Force he was a full-blown alcoholic.  He is taking full responsibility for his actions and is not blaming the Air Force for his drinking.   Applicant’s rebuttal is at Exhibit E.

On 3 June 2002, a letter was forwarded to the applicant suggesting that he consider providing evidence pertaining to his post-service activities.  On 16 June 2002, applicant submitted an additional character reference letter and stated he has had four jobs since he left the Air Force of which three he was a service manager (Exhibit F).  

On 18 July 2002, a copy of the FBI report was forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit G).

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ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request, AFPC/DPPRS provided an additional advisory.  DPPRS reiterates that the application should be denied.  The applicant has not provided any new evidence or identified any errors or injustices that occurred in the discharge processing.  The DPPRS evaluation is at Exhibit H.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 25 October 2002, a copy of the additional Air Force evaluation was forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit I).

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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.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his characterization of service.  Other than his own assertions, the applicant has provided no evidence that would lead us to believe the actions taken to effect his discharge were improper, or that the information in his discharge case file is erroneous.  In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to general under honorable conditions on the basis of clemency.  In view of the above and in the absence of evidence by the applicant showing the information provided in the FBI report is incorrect, we find no basis on which to favorably consider his request.  

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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 this application, AFBCMR Docket Number 02-01013, in Executive Session on 5 February 2002, under the provisions of AFI 36‑2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Apr 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 26 Apr 02.
     Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.
     Exhibit E.  Letter, Applicant, dated 16 May 02.
     Exhibit F.  Letter, AFBCMR, dated 3 Jun 02.
     Exhibit G.  Letter, AFBCMR, dated 18 Jul 02, w/FBI Report.
     Exhibit H.  Letter, AFPC/DPPRS, dated 16 Oct 02.
     Exhibit I.  Letter, SAF/MRBR, dated 25 Oct 02.