RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02855
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He had an alcohol problem at that time and feels that he should have received a general under honorable conditions discharge.  He states that if he were being discharged now, it would not have been an undesirable.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 10 Jun 55 for a period of four years, in the grade of airman basic (AB/E-1).  His highest grade held was airman second class (A2C/E-3).

On 19 Aug 57, the commander initiated administrative discharge action against the applicant for unfitness, stating that the applicant was considered unfit for continued service in the Air Force due to the fact that he had repeatedly committed offenses and did not respond to attempts at rehabilitation.  The commander cited the following summary court-martial actions:

		8 Dec 55, for being disorderly in station on 2 Dec 55.  He was sentenced to reduction in grade to basic airman, confinement at hard labor (CHL) for 30 days and forfeiture of $50.

		21 Jun 57, for being disorderly in station on 10 May 57, disorderly in a public place on 6 Jun 57 and violation of a lawful general regulation.  He was sentenced to reduction in grade to basic airman, confinement at hard labor (CHL) for 30 days and forfeiture of $55.

		14 Aug 57, for being drunk in station on 8 Aug 57.  He was sentenced to one month CHL and forfeiture of $65.

Applicant acknowledged receipt of the administrative discharge action and waived his entitlement to appear before a board of officers and requested discharge in lieu of board proceedings.  He further acknowledged that he understood that if his application was approved, that his separation could be under conditions other than honorable and that he could receive an undesirable discharge, and that this may deprive him of rights as a veteran under both federal and state legislation.

On 3 Sep 57, the group commander recommended approval of applicant’s request for discharge.  On 10 Sep 57, the discharge authority approved the Discharge for Unfitness.

On 1 Oct 57, applicant was discharged under the provisions of AFR 39-17 by reason of unfitness, with an undesirable discharge.  He was credited with 2 years, 2 months, and 1 day of active service (excludes 51 days of lost time due to confinement).

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

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed the applicant’s request and recommended his request be denied.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and that he provided no other facts warranting an upgrade of the discharge.  

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a personal statement in response to the FBI Report; he states that he has led a clean life since 1966.  He gave a brief summary of his military service, the circumstances which subsequently led to his discharge and his life since leaving the service (Exhibit G).

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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 evidence of record, we found no evidence to indicate that the actions taken to affect the applicant’s discharge were improper or contrary to the governing regulations 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 applicant’s overall record of service, specifically, the pattern of misconduct which led to his Summary courts-martial and subsequent discharge, and the available evidence relating to his post-service activities and conduct, 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.  Having found insufficient evidence of an error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his requests.

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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 AFBCMR Docket Number 02-02855 in Executive Session on 7 May 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 24 Sep 02.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Oct 02.
    Exhibit F.  Letter, AFBCMR, dated 21 Mar 03, w/atchs.
    Exhibit G.  Letter, Applicant, dated 1 Apr 03.