RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2002-04027
		INDEX CODE: 110.00
 	XXXXXXX				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:

His discharge is incorrect and he became an alcoholic while he was in the Air Force.  He is a graduate of PAR (Parental Awarness Responsibility) Operation Therapeutic Community  

In support of his request, the applicant submits a copy of DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States and a letter from the National Personnel Records Center.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 June 1969.  On 20 July 1970, he was notified by his commander that he was recommending his discharge from the Air Force under the provisions of AFR 39-12, Separation for Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation, or Request for Discharge for the Good of the Service; and Procedures for the Rehabilitation Program, Chapter 2, for unfitness.  The specific reasons for this action were:

On 7 November 1969, he received an Article 15 for failure to go at the time prescribed to his appointed place of duty.  

On 12 February 1970, he was convicted by a Special Court-Martial for failure to go at the time prescribed to his appointed place of duty, being absent without authority, and failure to obey a lawful order of his superior commissioned officer.  

The sentence adjudged included confinement a Bad Conduct Discharge (BCD), confinement at hard labor for six months and reduction to the grade of airman basic.  The discharge approval authority changed the BCD to a lesser punishment of confinement at hard labor for six months, forfeiture of $55.00 per month for six months and reduction to the grade of airman basic.

Between 13 May 1970 and 28 June 1970 he received several DD Form 1569s, Incident/Complaint Reports for not performing extra duty, failure to return from temporary home parole, failure to repair for extra duty, missing roll call formation and for being in an unauthorized area and wearing unauthorized civilian clothes.  

On 20 July 1970, he was advised of his rights to consult counsel, and waived his right to a hearing before an administrative discharge board and declined to submit statements in his own behalf.

On 5 August 1970, he was discharged in the grade of airman basic with service characterized as dishonorable.

He served a total of 4 months and 19 days on active duty.  (The days counted as absent without leave (AWOL) were subtracted from his days spent on active duty).

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report. A copy of the FBI report was forwarded to the applicant on 26 March 2008 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit C).

On 26 March 2008, a request for information pertaining to his post-service activities was forwarded to the applicant for response within 30 days. As of this date, this office has received no response (Exhibit D).

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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.  The Board finds no impropriety in the characterization of applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  The applicant has not shown the characterization of the discharge was contrary to the provisions of the governing regulation, nor has it been shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  

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THE BOARD RECOMMENDS:

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-2002-04027 in Executive Session on 15 May 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2002-04027 was considered:

	Exhibit A.  DD Form 149, dated 7 January 2008, w/atchs. 
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Investigation Report
	Exhibit D.  Letter, AFBCMR, dated 26 March 2008, w/atch.