RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02759
		INDEX CODE 110.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1972 general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was young and stupid. He claims he has learned from his mistake. It was one incident and he served the rest of his time honorably.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air force on 6 Dec 71. During the period in question, he was a keypuncher at George AFB, CA. His one Airman Performance Report (APR) for the period closing 29 Sep 72 has an overall rating of 6.

He received a Letter of Reprimand (LOR) on 1 Sep 72 for being absent from duty on 23 Aug 72. A 9 Oct 72 performance memo indicates the applicant’s performance was below standard, his attitude was negative and not career minded, and he had written numerous checks that were returned due to insufficient funds. 

On 18 Oct 72, the applicant was notified of his commander’s intent to initiate discharge action with a general characterization for apathy, defective attitude and inability to expend effort constructively. Related documents refer to the applicant’s involvement with civil authorities and conviction for falsifying statements to obtain credit, for which he was sentenced to 15 days in the county jail, suspended, and placed on one-year probation. 

The applicant was discharged on 31 Oct 72 in the grade of airman first class with a general characterization. He had 10 months and 25 days of active service.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit C.

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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 D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluation and the FBI Report were forwarded to the applicant on 20 Sep 02 and 31 Oct 02, respectively, for review and comment within 30 days.  As of this date, this office has received no response. 

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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. The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record or the FBI report. In fact, we note from his address that the applicant was incarcerated at a correctional facility when he filed his appeal. As the applicant has not shown his discharge was not fully supported by his misconduct or that he has become a productive member of society since his separation from the Air Force, 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 02-02759 was considered:

   Exhibit A.  DD Form 149, dated 23 Aug 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 13 Sep 02.
   Exhibit E.  Letter, SAF/MRBR, dated 20 Sep 02.
   Exhibit F.  Letter, AFBCMR, dated 31 Oct 02.