RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00331

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

When he was 19 and 20 years old, he made awful mistakes.  He had never drunk alcohol, or smoked any marijuana before in his life.  After trying this lifestyle, he failed his country, his family and himself.  He has spent the last 20 years trying to live an honorable life.  He has been married 12 years and has 3 beautiful children and a wonderful wife.  He has been a self-employed painter for 13 years.  He is currently attending junior college to obtain an associate degree in business, and an associate degree in technology.  He has regretted the mistakes he made during his youth and has strived not fail as an older man.  Yet, with all he has and all he is trying to accomplish, he is still half of a person.  The part of his past that he destroyed as a youth forever lingers as a bad dream.  Therefore, he is asking, and not begging the Board to show mercy on him and change his past by upgrading his discharge to an honorable.  Please forgive him for the disgrace he has brought upon the USAF, his country and let him die an honorable member the of the United States of America.  

In support of his request, he submits a copy of DD Form 293, Application for the Review of Discharge or Dismissal From the Armed Forces of the United States, copies of birth certificates, letters of support from Hinds Community College, Cade Chapel Missionary Baptist Church, Jackson Public School District and a copy of his personnel evaluation sheet.
 
Applicant’s complete application, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 7 February 1979.  The applicant was involuntarily discharged under the provision of AFR 39-12 (frequent involvement of a discreditable nature with civil and military authorities) with service characterized as under other than honorable conditions (UOTHC) on 22 May 1981 in the grade of airman basic.  He served 2 years, 3 months and 16 days of active service.

On 8 October 1981, the applicant was notified by his commander that he was recommending applicant for a discharge because of his frequent involvement of a discreditable nature with civil and military authorities.  Basis for the action: 18 March 1981, he received an Article 15 for being disorderly on station;         31 October 1980, he received a Letter of Reprimand for failure to report to duty; 24 September 1980, he received an Article 15 for wrongful possession of marijuana; and 4 September 1980, he received an Article 15 for striking another individual in the mouth with his fist.  He also received notification for writing a dishonorable check.  Applicant consulted with counsel and on     9 April 1981, submitted a conditional waiver to an administrative discharge board hearing contingent upon receipt of an honorable discharge.  The commander waived his right to a board and he did not submit statements.  The base legal office reviewed the case and found it legally sufficient to support the discharge.  They recommended a UOTHC discharge without probation and rehabilitation (P&R).  Upon review, the discharge authority stated the member’s behavior was too serious to warrant a general discharge and ordered a UOTHC discharge without P&R.

On 17 November 1982, the Air Force Discharge Review Board denied the applicant’s request for upgrade of his discharge.

Pursuant to the Board's request for information, the FBI indicated that, on the basis of the evidence provided, they were unable to locate an arrest record pertaining to the applicant (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  Based on the documentation in the file, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  Applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge proceedings.  The applicant provided no facts warranting an upgrade of the discharge.

AFPC/DPPRS complete evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 March 2003, for review and comment within 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with appropriate directives, it is our opinion that approval of some relief is warranted in this case.  It appears likely that he has led a stable and productive life and it appears that there is no evidence that he has had any subsequent serious involvement of a derogatory nature since his separation from the Air Force.  In light of the above, we believe that it would be an injustice for him to continue to suffer the adverse effects of UOTHC discharge.  Therefore on the basis of clemency, we believe an upgrade of his discharge to general (under honorable conditions) is warranted.  His request for upgrade to honorable was considered; however, in the absence of evidence by the applicant other than his own statements pertaining to the quality of his service, the facts and circumstances surrounding his separation, or his activities since leaving the service, we do not believe that an upgrade to a fully honorable discharge is warranted.  Accordingly, we recommend that his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge on 7 February 1979, he was discharged with service characterized as general (under honorable conditions). 

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The following members of the Board considered this application in Executive Session on 3 June 2003, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 Feb 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report, dated 21 Feb 01.
	Exhibit D.	Letter, AFPC/DPPRS, dated 26 Feb 03.
	Exhibit E.	Letter, SAF/MRBR, dated 7 Mar 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00331

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge on 7 February 1979, he was discharged with service characterized as general (under honorable conditions).

	
	Director
	Air Force Review Boards Agency