RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00030
								INDEX CODE:  110.02
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge (under other than honorable conditions) be changed to honorable.

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APPLICANT CONTENDS THAT:

His undesirable discharge was given in error and he would like to have it changed to an honorable discharge.  He asks the Board to consider the hardships he was experiencing before he was discharged, such as, his mother’s battle with cancer, marital problems, and drug and alcohol abuse.  Because of these hardships, he had no choice but to request he be discharged.  However, he now believes he would have handled things differently, and stayed in the military for 20 years at the advice of his superiors.  He made the wrong choice, and is now experiencing more hardship in his life.  He is in desperate need of medical attention, and emergency surgery.  He served his country to the best of his ability, and should be able to receive the medical attention he deserves.

In support of his request, the applicant has submitted a personal statement.  The applicant’s complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:

On 16 October 1970, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman basic for a period of four years.  He was progressively promoted to the grade of airman first class (E-2), effective and with a date of rank of 1 May 1971.  He received two Airman Performance Reports (APRs) closing 1 June 1971, and 1 December 1971 in which he received an overall rating of “8” and “6,” respectively.

On 29 November 1971, nonjudicial punishment was imposed on the applicant under Article 15, UCMJ for failure to go at the time prescribed to his appointed place of duty on 19 November 1971.  He was ordered to forfeit $25.00.  On 11 January 1972, nonjudicial punishment was imposed on him under Article 15, UCMJ for failure to go at the time prescribed to his appointed place of duty on 23 December 1971.  He was ordered to forfeit $50.00 per month for two months and received a suspended reduction in grade to airman.  The applicant received a third Article 15 punishment on 4 February 1972 for being absent without leave (AWOL) from 31 January 1972 until 3 February 1972.  Punishment consisted of a reduction in grade to airman and 30 days of correctional custody.

On 22 March 1972, court-martial charges were referred against the applicant based on allegations that he wrongfully possessed lysergic acid diethyl amide (LSD), wrongfully introduced LSD onto an Air Force installation, and wrongfully had in his possession 10.18 grams of marijuana retrieved from his car, parked in the Security Police Impoundment Lot.  A trial by special court-martial was recommended.  

After consulting military legal counsel, on 11 April 1972, the applicant requested he be discharged from the Air Force under the provisions of AFM 39-12, paragraph 2-78, for the good of the service.  In his signed statement, the applicant indicated he understood the potential consequences of his request.  On 17 April 1972, the applicant’s commander forwarded the request to the group commander, recommending approval of the applicant’s request for discharge.  The commander further recommended that the applicant be issued an Undesirable Discharge certificate.  The discharge case file was reviewed by the group staff judge advocate on 18 April 1972 and was found legally sufficient.  The group commander forwarded the discharge case file for review by the discharge authority on 20 April 1972 with a recommendation that an undesirable discharge without the offer of probation and rehabilitation be approved.  The discharge authority approved the recommended separation on 4 May 1972, and directed that the applicant be discharged and issued an Undesirable Discharge certificate.

On 5 May 1972, the applicant was discharged under other than honorable conditions (UOTHC) in the grade of airman, under the provisions AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program.  He had served 1 year, 6 months and 17 days on active duty.  He had three days of lost time.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant (Identification Record No. 37952M1), which is at Exhibit E.
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states that based on the documentation on file in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting an upgrade of his discharge.  DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the advisory opinion was forwarded to the applicant for review and comment on 13 February 2004.  On 24 February 2004 and 17 March 2004, the applicant was invited to submit information pertaining to his post-service accomplishments and was provided a copy of the FBI Investigative Report for review and comment.  As of this date, this office has received no response to any of the above correspondence.
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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 probable error or injustice.  After careful consideration of the available evidence, we found no indication that the actions taken to effect his undesirable discharge were improper or contrary to the provisions of the governing regulations in effect at the time.  The applicant has provided no evidence indicating the information in the discharge case file was erroneous, his substantial rights were violated, or that his commanders abused their discretionary authority.  In addition, in view of the contents of the FBI Identification Record, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency.  Accordingly, the applicant’s request 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 11 May 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00030.

	Exhibit A.  DD Form 149, dated 17 Dec 03, with attachments.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFC/DPPRS, dated 9 Feb 03.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04; and,
  Letters, AFBCMR, dated 24 Feb 04 and 2 Mar 04.
Exhibit E.  FBI Identification Record No. 37952M1.

	Panel Chair