RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03309
				INDEX CODE:  110.00
	APPLICANT  	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable and his training periods be included in his active duty service time.

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APPLICANT CONTENDS THAT:

He had a good service record.  His mother was ill at the time of his being absent without leave (AWOL).  He needs his discharge upgraded so he can go to school.  His training periods were not included in his active duty service time.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 14 October 1981, the applicant enlisted in the Regular Air Force as an airman basic for a period of four years.  

On 16 December 1983, the applicant's commander recommended he be discharged for Failure in Prisoner Retraining Rehabilitation Program.  The specific reasons for the discharge action were:

	a.  The applicant refused to volunteer for the prisoner retraining and rehabilitation program.

	b.  On 18 August 1983, the applicant was convicted by Special Court Martial for wrongfully and unlawfully uttering five checks without funds, wrongfully using marijuana, and for being absent without authority from his organization from 31 May 1983 through 18 July 1983.  His punishment consisted of confinement at hard labor for six months, forfeiture of $382.00 per month for six months and reduction in grade to airman basic.

The commander indicated in his recommendation for discharge that the applicant should be discharged without probation and rehabilitation.

A legal review was conducted on 19 December 1983 in which the staff judge advocate recommended the applicant be discharged with a general discharge with no probation and rehabilitation.

On 22 December 1983, the discharge authority approved the discharge.

Applicant was discharged on 27 January 1984, in the grade of airman first class with a general (under honorable conditions) discharge, in accordance with AFR 39-10 (Failure in prisoner retraining or rehabilitation).  He served a total of 2 years, 3 months and 13 days total active service of which 7 months and 25 days was bad time giving him 1 year, 7 months and 19 days of good time.

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

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AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulations of that time.  Also, the discharge was within the sound discretion of the discharge authority.  Also, he did not provide any facts to warrant an upgrade of his discharge.  Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report were forwarded to the applicant on 24 January 2003 and 4 March 2003, respectively, for review and response.  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 of timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Based on the documentation in the applicant's records, it appears that the processing of the discharge and the characterization of the discharge were appropriate and accomplished in accordance with Air Force policy.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  Based on activities reflected on the FBI report, we also find no compelling reason which would warrant upgrading his discharge on the basis of clemency.

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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 BC-2002-03309 in Executive Session on 24 April 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 Nov 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 21 Nov 02.
   Exhibit E.  Letter, SAF/MRBR, dated 24 Jan 03.
   Exhibit G.  Letter, AFBCMR, dated 5 Mar 03.