RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03260
		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 a general discharge.

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APPLICANT CONTENDS THAT:

During several months of basic training he led sixty men of his unit from last place to first place in standing at completion of training.  Upon arriving at Lowery AFB, CO, his Commanding Officer and staff completely ignored those accomplishments.  They immediately removed the rank of all non-white leaders and redistributed leadership status based solely on what appeared to be racial favoritism.  He states that he was demoralized and regularly ridiculed as he received the most menial of daily tasks.  Some of the very men that he had previously led to success witnessed this.  Furthermore, his potential to excel had been severely inhibited.  He subsequently developed a slightly rebellious attitude of non-compliance.  After three or four incidents of his reporting late or not at all to training, restrictive sanctions were being leveled against him.  The era was the early 1970’s.  The national climate was filled with unrest and there was legitimate concern over whether or not his suffering had been racially based.  Therefore, he thought it best to respectfully request an immediate release from duty.  His actions of missing one or two days of training has resulted in thirty years of suffering, so at this time he prays that he is forgiven for the irresponsible actions of his youthful exuberance.

In support of the applicant’s claim, he has provided a personal statement and other documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 December 1972 in the grade of airman basic for a period of four years.

The applicant was investigated for court martial charges for the following reasons:

Charge I/Specification: Applicant did, on or about 17 May 1973, without authority, absent himself from his organization, to wit:  3440th Student Squadron, located at Lowry Air Force Base, Colorado, and did remain so absent until or about 18 May 1973.

Charge II/Specification: Applicant, did, at Lowry Air Force Base, Colorado, on or about 21 May 1973, with intent to deceive, sign an official record, to wit:  Form ATC 235, Daily Distribution Roster for Correctional Custody Airmen, and was then known by the said applicant, to be so false.

Charge III/Specification 1: Applicant, having knowledge of a lawful order issued by SMSgt R--- D---, to report to 2d Lieutenant D--- D--- at 0730 hours, 26 April 1973, an order which it was your duty to obey, did, at Lowry Air Force Base, Colorado, on or about 26 April 1973, fail to obey the same.

Specification 2: Applicant, having received a lawful order from your superior commissioned officer, to report to 2d Lieutenant D--- D--- at 0730 hours, 27 April 1973, did, at Lowry Air Force Base, Colorado, on or about 27 April 19783, willfully disobey the same.

Specification 3: Applicant, having knowledge of a lawful order issued by Captain M--- B---, to wit: paragraph 3a, 3320th Retraining Group Instruction No. 5, dated 18 April 1973, an order which it was his duty to obey, did, at Lowry Air Force Base, Colorado, on or about 21 May 1973, fail to obey the same by signing out to the dining hall, building 756, and failing to return to building 937 at the specified time of 1230.

Charge IV/Specification 1: Applicant, having received a lawful command from his superior commissioned officer, to be restricted to barracks 700, did, at Lowry Air Force Base, Colorado, on or about 7 June 1973, willfully disobey the same.

On 6 June 1973, the applicant requested discharge in lieu of court-martial and stated he understood he could receive an undesirable discharge.

He signed a statement indicating that he did not desire to participate in any Air Force probation or rehabilitation (P&R) program.

On 15 June 1973, the discharge authority approved the applicant’s discharge and ordered an undesirable discharge without P&R.

Applicant was discharged on 19 June 1973, in the grade of airman with an under other than honorable conditions (UOTHC) discharge, under the provisions AFM 39-12 (for the good of the service).  He served 5 months and 10 days total active duty service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that based on the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the separation was within the discretion of the Discharge Authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting a change in his discharge.  He has not filed a timely request.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 November 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. 

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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 probable error or injustice.  After thoroughly reviewing the evidence of record, we are not persuaded that the applicant has been the victim of either an error or an injustice.  The discharge apparently complied with the governing regulation in effect at that time; therefore, we believe his separation was appropriate.  We took notice of the applicant's complete submission in judging the merits of the case; however, the Board is of the opinion that the applicant has not been the victim of an error or injustice.

4.	Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation that the discharge be upgraded on that basis.  Applicant has not provided information of his post-service activities and accomplishments.  Therefore, based on the evidence of record, we cannot conclude that clemency is warranted.  Should applicant provide statements from community leaders and acquaintances attesting to his good character and reputation and other evidence of successful post-service rehabilitation, this Board would be willing to review this information for possible reconsideration of this case.  However, we cannot recommend approval based on the current evidence of record.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 02-03260 in Executive Session on 14 January 2003 under the provisions of AFI 36-2603:
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 November 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 21 November 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 27 November 2002.