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AF | BCMR | CY1998 | 9801545
Original file (9801545.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01545 

) 

COUNSEL 

HEARING DESIRED: 

3.:'3\!  1 3 

Applicant requests that her late husband's discharge be upgraded 
to  a  general  (under  honorable  conditions). 
Applicant's 
submission is at Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's request 
and provided  an advisory opinion  to  the  Board  recommending the 
application  be  denied  (Exhibit C ) .  
The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient  evidence of 
error or injustice to warrant  corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence of  record and have not been  rebutted by  the applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

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. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of  new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  Vaughn  E.  Schlunz,  Mr.  Loren  S. 
Perlstein, and Mr. Terry A. Yonkers considered this application 
on  29  October  1998,  in  accordance  with  the  provisions  of  Air 
Force  Instruction 36-2603  and  the  governing  statute, 10  U . S . C .  
1552. 

Panel'Chair 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 

D E P A R T M E N T  O F  T H E   A I R   FORCE 

H E A D Q U A R T E R S  AIR  FORCE  P E R S O N N E L  C E N T E R  

R A N D O L P H  AIR  FORCE  B A S E  T E X A S  

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPRS 

,550 C Street West Ste 11 
Randolph AFB TX  78 150-47 13 

lication for Correction of Military Records 

The applicant, while serving in the grade of airman basic, was discharged from the Air Force 06 
Nov 72 under the provisions of AFM 39-12 (Misconduct-Frequent Involvement of a Discreditable 
Nature) with an undesirable discharge.  He served 03 years 09 months and 01 day total active 
service. 

Reauested Action.  Applicant’s spouse is requesting an upgrade of his discharge to 

generalhonorable. 

Basis for Request.  Applicant has submitted several letters of recommendations and character 

statements in support of her appeal for an upgrade of the discharge her deceased husband 
received.  She also states an undesirable discharge was excessive for the offense committed. 

Facts.  On  10 Oct 72, applicant was notified by his commander that involuntary discharge 

action had been initiated against him for his frequent involvement of a discreditable nature with 
military authorities.  The commander indicated his reasons for his action were that on 3 1 Mar 71, 
applicant was convicted by a Special Court Martial for possession of marijuana and for attempting 
to sell marijuana.  Also, applicant was AWOL during the period  14 Jul71 to 15 Jul71 and again 
from 17 Jul71 to 02 Aug 71.  In addition, he was arrested by civil authorities for driving under 
the influence of alcohol and again for being drunk in public.  Applicant had resisted all efforts to 
counsel him and in fact, he demonstrated a belligerent and hostile attitude toward those who had 
attempted to help him.  The applicant was advised that he had a right to consult legal counsel. 
M e r  consulting an appointed military legal counsel, applicant signed a waiver of his right to a 
hearing before a board of officers.  The case was reviewed by the base legal office and was found 
to be legally sufficient to support discharge.  The discharge authority approved the 
recommendation for discharge on 27 Oct 72 and directed that the applicant be fbrnished an 
undesirable discharge certificate without probation and rehabilitation. 

Discussion.  This case has been reviewed for separation processing and there are no errors or 

irregularities causing an injustice to the applicant.  The discharge complies with directives in effect 
at the time of his discharge.  The records indicate member’s military service was reviewed and 
appropriate action was taken. 

Recommendation.  Applicant did not identi@ any specific errors in the discharge processing nor 

provide facts which warrant an upgrade of the discharge her deceased husband received. 
Accordingly, we recommend applicant’s request be denied.  She has not filed a timely request. 

JOHN C. WOOTEN, DAF 
Military Personnel Mgmt Spec 
Separations Branch 
Dir of Personnel Program Management 



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