RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02414
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

During his time in the service he had a problem with alcohol and there were no programs to treat this disease.  Since his discharge the problem has been corrected.

In support of his appeal, the applicant provided a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge and a letter from the Department of Veterans Affairs, dated 13 August 2002.

Applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

During the time period in question, the applicant enlisted in the Regular Air Force on 17 August 1966 in the grade of airman basic for a period of four (4) years.

On 27 February 1970, the applicant was notified of his commander's intent to initiate discharge action against him for unfitness.  He did, at Cigli AB, Turkey, during the period 10 March 1969 through 6 February 1970, have frequent involvement of a discreditable nature with military and civilian authorities and established a pattern of financial irresponsibility.  

The commander indicated in his recommendation for discharge action that attempts were made at rehabilitation and the results of these attempts: the member had been counseled by his immediate NCOIC, First Sergeant, Administrative Officer and Squadron Commander almost weekly regarding his financial obligations and other personal problems.  His supervisor had done everything humanly possible in aiding this individual in solving his financial problems and behavior.  Efforts of all supervisors concerned failed to make any lasting improvement.

The commander advised the applicant of his right to present his case before an administrative discharge board, consult legal counsel and submit statements in his own behalf; or waive the above rights after consulting with counsel.

On 5 March 1970, after consulting with counsel, applicant waived his right to appear before an administrative discharge board and to submit statements in his own behalf.

On 27 March 1970, the discharge authority approved the discharge.

Applicant was discharged on 14 April 1970, in the grade of airman first class with an under other than honorable (UOTHC) discharge, under the provisions of AFM 39-12, (Unfitness).  He served a total of 3 years, 7 months, and 28 days on his last enlistment and 6 years, 9 months and 25 days of total military service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an Investigative Report, which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.

The applicant did not identify any specific errors in the discharge processing.  However, considering the discharge occurred 32 years ago, his previous honorable discharge, the nature of his offenses and his alcohol problem, they recommend clemency.  If a check of the Federal Bureau of Investigation files proves negative, they recommend the discharge be upgraded to under honorable conditions (general).  He has not filed a timely request.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 September 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office.

On 23 September 2002, a copy of the FBI Investigation was forwarded to the applicant for review and response within fourteen (14) days.  As of this date, no response has been received by this office.

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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.	Sufficient relevant evidence has been presented to warrant an upgrade of the applicant’s discharge solely on the basis of clemency.  In this regard, no evidence has been presented which would lead the Board to believe the applicant’s discharge was improper or contrary to the directive under which it was effected.  However, we note that AFPC/DPPRS recommends clemency, if an FBI report is clean on the basis that the discharge is over 32 years old and considering the type of offenses.  The Board notes the FBI report does contain some entries; however, with the exception of an entry while on active duty and one entry in 1983, the offenses were either dismissed or the charges were reduced.  Therefore, the Board is of the opinion that upgrading the applicant’s discharge to general (under honorable conditions), based on clemency would be appropriate.  Applicant’s request for fully honorable discharge was considered; however, we do not believe the overall record supports a further upgrade.  Therefore, we recommend the applicant's records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 14 April 1970, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number 02-03667 in Executive Session on 7 November 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 July 2002 w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 26 August 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 6 September 2002.
   Exhibit F.  Letter, AFBCMR, dated 23 September 2002.

				

AFBCMR 02-02414

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to   , be corrected to show that on 14 April 1970, he was discharged with service characterized as general (under honorable conditions).