RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02224
		INDEX ODE 110.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1963 general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He thought he would receive an honorable discharge after six months. His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 28 Jun 61. He was assigned to the 507th Consolidated Aircraft Maintenance Squadron at Kincheloe AFB, MI. He was promoted to airman third class on 22 Aug 61.  His two performance reports for the periods ending 29 Mar 62 and 29 Mar 63 had overall ratings of “Excellent Airman” and “Exceptional Airman,” respectively. 

On 14 Feb 62, he received a letter of reprimand (LOR) for smoking in bed, not reporting a fire promptly and causing destruction of government property.

Following a summary court-martial whose sentence was approved on 11 Sep 62,the applicant was restricted to base for 60 days and fined $57.00 for stealing a case of beer and resisting an officer’s lawful apprehension on 14 Jul 62.

Following a summary court-martial whose sentence was approved on 17 Jan 63, the applicant was reduced from airman third class to airman basic and fined $55.00 for being absent without leave (AWOL) 2-9 Jan 63.

On 13 Feb 63, punishment by Article 15 confined him to correctional custody for seven days and fined him $19.00 for failure to report for duty on 2, 3 and 4 Feb 63.  He did not appeal.

On 23 Apr 63, punishment by Article 15 confined the applicant to correctional custody with hard labor for 30 days and fined him $80.00 for being AWOL 18-22 Apr 63. He did not appeal.

A 7 May 63 psychiatric evaluation dated 7 May 63 indicated the applicant had no desire for a military career, was dissatisfied with his duties, and therefore deliberately took the actions he did.  The medical officer found the applicant was not suffering from any evidence of defective reasoning or mental disease, that he had the mental capacity to distinguish right from wrong and understood the consequences of his actions. He had no psychiatric disease or condition warranting separation under AFM 35-4 provisions. The diagnosis was defective attitude with no evidence of classifiable psychiatric disease. Administrative disposition was recommended.  

On 13 May 63, the commander notified the applicant of his intent to recommended separation with a general discharge for apathy, defective attitude and inability to expend effort constructively. The applicant declined to submit statements.  On 24 May 63, the commander recommended a general discharge. The case was found legally sufficient and, on 6 Jun 63, the discharge authority directed the applicant’s general discharge.

The applicant was discharged in the grade of airman basic on 28 Jun 61 with a general characterization. He had 1 year, 11 months and 2 days of active service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS provided their rationale for recommending denial.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded indicating he had a serious drinking problem and asked for help. He was told his general discharge would be changed to honorable automatically after six months.  It never was. After 20 years of not drinking he wants it changed as he was told.

A complete copy of applicant’s response is at Exhibit E.

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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 a thorough review of the evidence of record and applicant’s submission, we are not persuaded his general discharge should be upgraded to honorable. His contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record. The applicant has not shown that his repeated misconduct did not support the discharge he received, nor has he submitted information demonstrating he has become a productive member of society since his separation from the service.  The applicant has failed to sustain his burden of having suffered either an error or an injustice and, absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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 in Executive Session on 17 December 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-02224 was considered:

   Exhibit A.  DD Form 149, dated 25 Jul 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, undated.
   Exhibit D.  Letter, SAF/MRBR, dated 30 Aug 02
   Exhibit E.  Letter, Applicant, dated 6 Sep 02.