RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01391
		INDEX CODE:  110.02	
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was drafted at an early age and feels that influenced his drinking.  That drinking carried on through most of his life and got worse.  He now wants to change his life.  He feels that he has served his country and would like his discharge upgraded so that he may receive medical treatment at the Department of Veterans Affairs (DVA) hospital.  

In support of his request, applicant provided a Warrant of Executive Clemency letter, and documents associated with previous attempts to upgrade his discharge.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records were, for the most part, destroyed by fire in 1973 at the National Personnel Records Center.  The relevant facts pertaining to this application, extracted from his available military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.  

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 G).

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AIR FORCE EVALUATION:

AFPC/DPPRS, reviewed applicant’s request and states that considering the fact that his discharge was over 55 years ago, if a check of his FBI records proves negative, clemency is recommended.  DPPRS states the while serving in the grade of private, the applicant was discharged on 23 Feb 47 and received a dishonorable discharge.  He was found guilty during his court-martial for stealing $75.  

Based on the lack of documentation in his records, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the sound discretion of the discharge authority.  He did not submit any new evidence or identify any errors in his discharge processing.  However, if the FBI check proves negative, upgrade of his discharge to general is recommended.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that after being pulled away from his goal at the age of 18 he started drinking as much as he could.  While he was in technical training he cut his drinking back to weekends only.  Once he arrived at his permanent duty station he did not have much to do and spent most of his time drinking.  He has no recollection of the incident that led to his discharge.  He spent his time in confinement teaching to those who were not much beyond the ability to read or write.  

He received a Warrant of Executive Clemency from President Eisenhower and thought that his discharge was changed until he was told otherwise by the DVA.

After he returned home, he worked his way through college and eventually completed 2 years of grad school.    He worked various jobs as a manager, insurance and pension plans salesman, pharmaceutical detail man, and as a real estate salesman.  After his wife of 35 years divorced him he started attending rehabilitation programs and it has now been 5 years since he has had a drink.  

His complete submission is at Exhibit E.

On 2 July 2002, a copy of the FBI Report was sent to the applicant for review and comment within 14 days.  As of this date, no response has been received.

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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 available evidence, we found no indication that the actions taken to affect the applicant's discharge were improper or contrary to the provisions of the governing regulation in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  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 on the basis of clemency.  Having found no error or injustice with regard to the actions that occurred while he was a military member, we find that no basis exists to grant favorable action on 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 Docket Number 02-01391 in Executive Session on 20 Aug 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 26 Apr 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.
    Exhibit E.  Letter, Applicant, dated 10 Jul 02.
    Exhibit F.  Letter, SAF/MRBC, dated 2 Jul 02.
    Exhibit G.  FBI Investigative Report, dated 21 Jun 02.