RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03432
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be changed to honorable.

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APPLICANT CONTENDS THAT:

While stationed in the Philippines from 1973 through 1974, he was led into alcoholism by his First Sergeant and others.  Applicant feels that he has paid for his mistake for the past 28 years and that his discharge should be upgraded.  

His submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant' complete military personnel record is not available; however, based on the available records the following facts are provided. 

He contracted his enlistment in the Regular Air Force on 14 April 1971.  He was progressively promoted to the grade of Sergeant (Sgt/E-4) with a date of rank of 1 August 1973.  Applicant received three Airman Performance Reports (APRs) during his tour of duty.  The first two were overall 8’s and the third was an overall 6.

He was declared Absent Without Leave (AWOL) from 6 through 8 May 1974.  Applicant was AWOL from 13 May through   11 June 1974 and, as he was AWOL for more than 30 days, he attained deserter status on 12 June 1974 and was not returned to military control until 24 September 1974.  He was declared a deserter again from 6 through 20 October 1974 and was confined on 22 October 1974 pending a court martial hearing.

On 8 November 1974, the applicant received notification that he was being recommended for involuntary discharge due to misconduct.  He received an Under Other Than Honorable Conditions (UOTHC) discharge on 27 November 1974 under the provisions of AFR 39-12 (Involuntary discharge, misconduct, AWOL).  He had completed 3 years, 2 months and 11 days, not including 153 lost days, and was serving in the grade of Sgt at the time of discharge.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS notes that while the information surrounding applicant’s discharge in his personnel record is limited, there is enough information to substantiate that the discharge was consistent with the procedural and substantive requirements of the regulation in effect at the time and that the separation action was within the discretionary power of the discharge authority.  DPPRS states that the applicant’s request is not timely and that the applicant did not provide any new evidence nor identify any errors or injustices that occurred during the discharge action.  (Exhibit C)

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims that his records have been “…messed with.”; that his mistakes with alcohol were minor when compared to the mistakes of “…some of our country’s leaders.”; and that the Air Force, his First Sergeant in particular, turned him into an alcoholic by making alcohol so readily available. 

The applicant states that he has been alcohol free for about 9 years.  He expresses shame of his past and recognizes that he can’t change it (though he would if he could), and that he is concerned that his grand kids may learn of his undesirable discharge.  (Exhibit E)

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence to persuade us that his discharge was in error or unjust.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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-2002-03432 in Executive Session on 9 April 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 02. 
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02
    Exhibit E.  Letter, Applicant, undated.