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AF | BCMR | CY2000 | 0000004
Original file (0000004.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-00004
            INDEX CODE:  A50.00, A50.03

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to the grade of staff sergeant  and  served  proudly
for 10 years.  After he returned from Vietnam, he became addicted to
alcohol.  He feels the Air Force should have offered him  counseling
in that area because of his past excellent service.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Prior to the events under review, the applicant had two  periods  of
honorable service; 29 Aug 60 – 28 May 65, and 1 Sep 65 – 2 Sep 68.

On 3 Sep 68, he reenlisted in the RegAF for a period of  four  years
in  the  grade  of  staff  sergeant.   The  record  contains   three
performance reports rendered during this  enlistment,  with  overall
ratings of 2, 3 (referral), and 4.

The record reflects that applicant received  nonjudicial  punishment
under the provisions of Article 15, Uniform Code of Military Justice
(UCMJ), on 26 Jun 70 for failure to go at the time prescribed on  or
about 12 Jun 70.  Punishment consisted of a suspended  reduction  in
grade from staff sergeant to sergeant and  forfeitures  of  $50  per
month for two months.  On  18 Aug  70,  the  commander  vacated  the
suspended reduction due to the applicant being absent without  leave
(AWOL) from 22 Jul 70 to 10 Aug 70.

The pertinent facts surrounding the applicant’s  discharge  are  not
contained in the available records.  Applicant’s DD Form 214  (Armed
Forces of  the  United  States  Report  of  Transfer  or  Discharge)
reflects that he was discharged on 20 Nov 70, under  the  provisions
of  AFM   39-12,   Chapter 2,   Section B,   (Unfitness –   Frequent
Involvement in Incidents of a Discreditable  Nature  With  Civil  or
Military Authorities), with an under honorable conditions  (general)
discharge, in the grade of sergeant.  He was credited with 10 years,
2 months, and 22 days of active service (includes prior  periods  of
service).

Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI), Clarksburg, West Virginia, provided an  investigative  report
which is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management Specialist,  AFPC/DPPRS,  reviewed
this application and indicated that,  based  upon  their  review  of
available records, considering  applicant  was  discharged  over  29
years ago and considering his otherwise lengthy  honorable  service,
they recommend clemency.   If  a  check  of  the  FBI  files  proves
negative, they recommend his discharge be upgraded to honorable.

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  applicant  on
21 Apr 00 for review and response.  As of this date, no response has
been received by this office.

On 8 Jun 00, a copy of the FBI Report was forwarded to applicant for
review and response.  As of this date, no response has been received
by this office.

_________________________________________________________________

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.   Inasmuch
as the facts surrounding  the  applicant’s  discharge  are  unknown,
based  on  the  presumption  of  regularity  in   the   conduct   of
governmental affairs and without evidence to the contrary,  we  must
assume that his discharge was proper  and  in  compliance  with  the
applicable directives.  In addition, in view of the contents of  the
FBI Identification Record, we are not persuaded that the applicant’s
discharge warrants an upgrade to fully honorable  on  the  basis  of
clemency.  Therefore, based on the available evidence of record,  we
find no basis upon which to favorably consider this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable 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.

_________________________________________________________________

The following members of the Board considered  this  application  in
Executive Session on 12 October 2000, under the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Patrick R. Wheeler, Panel Chair
                  Ms. Margaret A. Zook, Member
                  Mr. Jackson A. Hauslein, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Feb 00.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, AFPC/DPPRS, dated 30 Mar 00.
     Exhibit E.  Letter, AFBCMR, dated 8 Jun 00.




                                   PATRICK R. WHEELER
                                   Panel Chair

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