RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00464
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

No contentions were provided.

In support of his request, the applicant submits a copy of his DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.  The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the in the New Jersey Air National Guard (NJ ANG) on 16 Dec 64 for a period of 6 years.  On 14 Nov 69, he was honorable discharged from the NJ ANG and transferred to the Air Force Reserve (AFR) under the provisions of ANGR 39-10 and AFM 35-3 (failure to satisfactorily participate in training of unit to which assigned).  He had completed a total of 4 years, 10 months and 29 days of service and was serving in the grade of airman at the time of discharge.

On 15 Nov 69, the applicant was involuntarily ordered to an active duty tour for a period of 16 months and 15 days.

On 20 Oct 70, the applicant received notification that he was being recommended for discharge for unfitness.  The reason for this action was due to frequent involvement of a discreditable nature with military authorities:

	a.  11 Sep 70 - Article 15 for failure to go on 4 and 7 Sep 70, in violation of Article 86, UCMJ.  Punishment consisted of 14 days of extra duty and a suspended reduction to the grade of airman until 15 Feb 71.

	b.  8 Oct 70 - Article 15 for failure to repair on 5 Oct 70, in violation of Article 86, UCMJ.  Punishment consisted of the vacation of the suspended reduction in grade and he was reduced to the grade of airman basic.

	c.  14 Oct 70 - Article 15 for failure to repair for the period 9 - 11 Oct 70 (AWOL), in violation of Article 86, UCMJ.  His punishment consisted of 14 days of extra duty and restriction for 14 days.

The applicant acknowledged receipt of the discharge notification.  On 20 Oct 70, the applicant acknowledged that military counsel was made available; he waived his right to a hearing before an administrative discharge board and declined to submit any written statements in his behalf.  The discharge was found to be legally sufficient to support the commander’s recommendation for a general discharge, without probation and rehabilitation.  On 9 Nov 70, the discharge authority approved the recommended separation and directed that the applicant be issued a general discharge.

The applicant was discharged under honorable conditions (general) on 12 Nov 70 under the provisions of AFM 39-12 (unfitness - frequent involvement of a discreditable nature with military authorities).  He had completed 7 months and 25 days of active service this period and was serving in the grade of airman basic (E-1) at the time of discharge.  The applicant had 124 days of lost time.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.  Based upon the documentation in the file, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPPRS states that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  The HQ AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he has no recollection of any Articles 15.  He was told that they were brought against him by mistake and that they were dismissed without penalty.  He requests a hearing on this matter.  The applicant’s complete submission, with attachments, is at Exhibit F.

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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.  After thoroughly reviewing applicant’s entire record and the circumstances surrounding the discharge in 1970, we found no evidence that responsible officials applied inappropriate standards in effecting the applicant’s discharge, that pertinent Air Force regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge.  In view of the above and in the absence of sufficient evidence that the applicant’s substantial rights were violated, that the information contained in the discharge case file was erroneous, or that his superiors abused their discretionary authority, we are not inclined to favorably consider his request for upgrade of his discharge.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 this application in Executive Session on 10 Apr 03, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-00464.

   Exhibit A.  DD Form 149, dated 15 Jan 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 19 Feb 03.
   Exhibit D.  Letter, SAF/MRBR, dated 28 Feb 03.
   Exhibit E.  Letter from Applicant, dated 8 Mar 03, w/atchs.

                                   
                                   Panel Chair