RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2001-02983
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 upgraded to honorable.

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APPLICANT CONTENDS THAT:

He did not understand the discharge he was accepting and how it would affect his future.  He has not been able to get a decent job because of the type of discharge he received.  He did not do anything against his country to deserve such a devastating penalty.

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

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STATEMENT OF FACTS:

On 16 January 1977, the applicant enlisted in the Regular Air Force at the age of 21 in the grade of airman basic (E-1) for a period of four years.  The applicant was being trained in the Air Force Specialty Code (AFSC) 42732, Non-Destructive Inspection Specialist.  His records do not contain an Airman Performance Report.

On 20 December 1977, the applicant received nonjudicial punishment under Article 15 for failure to go on 17 December 1977.  Punishment included forfeiture of $150 for 2 months and correctional custody for 30 days.  On 22 December 1977, all punishment was suspended until 1 April 1978.  On 4 January 1978, the applicant was absent without leave (AWOL) until 5 January 1978.  On 9 January 1978, his previously suspended punishment under Article 15 was vacated and the applicant was ordered to forfeit $150 per month for two months.  In the meantime, the applicant was disenrolled from technical training on 23 December 1977 due to academic deficiency over which he had no control.

On 11 January 1978, the applicant was charged with possession of marijuana and drug paraphernalia.  The applicant consulted his area defense counsel (ADC) and while still undergoing investigation, he requested a discharge for the good of the service and stated he did not desire to volunteer for probation and rehabilitation (P&R).  On 23 January 1978, his commander and intermediate commander recommended approval of the discharge with a general discharge.  The staff judge advocate found the case to be legally sufficient on 23 January 1978; however, recommended a UOTHC discharge due to the seriousness of the applicant’s offenses and his history of frequent misconduct.  The discharge authority approved the discharge on 24 January 1978 and ordered an UOTHC characterization without P&R.  The applicant was discharged effective 30 January 1978 under the provisions of AFR 39-12 (resignation for the good of the service) with an UOTHC characterization of service.  He had served 7 months, and 14 days on active duty.  His time lost was 1 day due to being AWOL.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, the applicant provided no facts warranting an upgrade of the discharge he received.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report were forwarded to the applicant on 31 December 2002 and 2 April 2003 for review and comment.  On 24 February 2003, the applicant was given the opportunity to submit comments about his post service activities.  As of this date, this office has received no response (Exhibits D and 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 probable error or injustice.  The applicant did not provide persuasive evidence showing the information in the discharge case was erroneous, his substantial rights were violated, or that his commanders abused their discretionary authority.  The characterization of discharge which was issued at the time of the applicant’s separation accurately reflects the circumstances of his separation and we do not find the characterization of discharge to be in error or unjust.  Furthermore, in view of the information contained in the FBI investigative report which indicates the applicant has not made a successful post service adjustment, we do not find favorable consideration of his appeal based on clemency is appropriate.  Therefore, 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 14 May 2003, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

The following documentary evidence for AFBCMR Docket Number BC-2001-02983 was considered:

	Exhibit A.  DD Form 149, dated 5 Nov 2002, with attachment.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPRS, dated 10 Dec 2002.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Dec 2002.
	Exhibit E.  FBI Report #675990P1, dated 21 Mar 2003.
	Exhibit F.  Letters, AFBCMR, dated 24 Feb and 2 Apr 2003.