RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00353
            INDEX NUMBER:  110.00

      XXXXXXXXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

His Under Honorable  Conditions  (general)  discharge  be  upgraded  to
honorable.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was subjected  to  overt  abuse  and  discrimination  by  Air  Force
members, which impacted his ability to serve.  He has attached  a  copy
of a statement he submitted at the time of his discharge that  outlines
problems he had while in service.   He  also  has  provided  a  current
statement detailing an incident he was involved in while in service.

The applicant’s complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 11 Mar 64.  On 28 Dec 64, he
was notified by his Medical Squadron Section commander that action  was
being initiated to discharge him for character and behavior disorder as
manifested by the following:

        a.  7 Oct 64 Article 15 for drunk and disorderly in station and
failure to repair.  Reduced to the grade of Airman Basic and placed  in
Correctional Custody for 30 days.

        b.  20 Oct 64 Article 15 for misconduct in  ranks.   Placed  in
correctional custody for an additional 30 days.  Sentence suspended for
3 months.

        c.  27 Nov 64.  Vacation of suspended Article 15 punishment for
failure to repair.  Placed in Correctional Custody for 30 days.

The applicant acknowledged receipt on 28 Dec 64.  An evaluation officer
analyzed the case against the applicant and determined that he was  not
of a character readily adaptable to the  military  and  that  continued
service would not conform to the standards of production.   On  29  Jan
65,  the  Wing  commander  approved  the  applicant’s  discharge.   The
applicant was discharged on 4 Feb 65 with  a  General  Under  Honorable
Conditions discharge.

On 12 Apr 78, the Air Force Discharge Review  Board  denied  an  appeal
from the applicant to upgrade his discharge.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  The applicant
did not submit any new evidence or identify any  errors  or  injustices
that occurred in the discharge processing.  Additionally,  he  provided
no facts warranting an upgrade of his discharge.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates in his response that the Air  Force  evaluation
contained an error, but he would not point it out at  this  time.   The
applicant indicates that the most important reason  he  should  get  an
upgrade of his discharge is because he volunteered to join the  service
during the Vietnam era.  He points out that he was seventeen years  old
and therefore prone to error, even though his heart was  and  still  is
with his country.  He further indicates that his being drunk and acting
out was a youthful indiscretion that could  have  been  dealt  with  in
other ways.

The applicant’s complete response is at Exhibit E.

_______________________________________________________________

FBI REPORT:

Pursuant to the Board’s request, the Federal  Bureau  of  Investigation
(FBI), Clarksburg, WV, provided a Report of Investigation pertaining to
applicant.

The complete report is at Exhibit F.

_______________________________________________________________

APPLICANT”S RESPONSE TO FBI REPORT:

The applicant indicates in his response that his  FBI  report  contains
some disturbing errors.  He states that he was never  sentenced  to  20
years in jail and has never been convicted of a felony.

Since he left the Air Force, he led a hellish life  on  drugs,  but  in
1990 embraced Alcoholics Anonymous and has been clean for  many  years.
He responds that his staff sergeant advised him that he would never  be
able to hold a job if he left the service with a general discharge, and
so he has not been above the poverty level his entire life.

The applicant’s complete response is at Exhibit H.

_______________________________________________________________

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.  We took notice of the applicant's
complete submission in judging the merits  of  the  case;  however,  we
agree with the opinion and recommendation of the Air  Force  office  of
primary responsibility and adopt their rationale as the  primary  basis
for our conclusion that the applicant has not been  the  victim  of  an
error or injustice.   Additionally,  after  reviewing  the  FBI  report
requested on the applicant and taking note of the lack of positive post-
service information, we do not find sufficient grounds to  upgrade  his
discharge based on clemency.  Therefore, in the absence of evidence  to
the contrary, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

_______________________________________________________________

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.

_______________________________________________________________

The following members of the Board considered Docket Number 02-00353 in
Executive Session on 14 May 2002, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. Thomas J. Topolski, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 26 Feb 02.
    Exhibit D.  Letter, SAF/MIBR, dated 1 Mar 02.
    Exhibit E.  Letter, Applicant, undated.
    Exhibit F.  FBI Report.
    Exhibit G.  Letter, AFBCMR, dated 12 Apr 02.
    Exhibit H.  Letter, Applicant, undated.




                                   JOHN L. ROBUCK
                                   Panel Chair