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AF | BCMR | CY2002 | 0200481
Original file (0200481.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00481
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his time in the service he had a problem  with  alcohol.   Since  his
discharge the problem has been corrected.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 March 1985  in  the  grade
of airman basic for a period of four years.

On 9  April  1986  the  applicant’s  commander  notified  him  that  he  was
recommending him for a general discharge for minor disciplinary  infractions
that covered the period of time  from  20 August  1985  to  21  March  1986.
Misconduct included two failures to go on 20 August and 10  September  1985;
an Article 15, 7 October 1982, for  assault  and  30  days  in  correctional
custody; failure to prepare room for inspection, 22  November  1985;  breach
of standards of conduct and alcohol abuse, 7 March 1986; failure to  go  and
negative attitude, 21 March 1986.   The  applicant  was  placed  in  alcohol
rehabilitation   on   two   separate   occasions.    Previous   efforts   at
rehabilitation, including counseling by his supervisors 7 times and  Article
15 actions were not successful in improving his conduct and  attitude.   For
this reason probation and further rehabilitation was not recommended.

On 5 May 1986 the Discharge Authority approved a general discharge.

Applicant was discharged on  9  May  1986,  in  the  grade  of  airman.   He
received  a  general  (under  honorable  conditions)  discharge,  under  the
provisions  AFR  39-10  (Misconduct  -   Pattern   of   Minor   Disciplinary
Infractions).  He served 1 year, 1 month  and  11  days  total  active  duty
service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated that they were unable to identify  with
arrest record on the basis of information furnished (Exhibit E).

On 24 March 1988, the Air Force Discharge Review  Board  (AFDRB)  considered
and denied  applicant’s  request  for  an  upgrade  of  his  general  (under
honorable conditions) discharge to an honorable discharge (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS based upon the  documentation  in  the  file,  they  believe  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  Additionally, the  discharge  was  within  the
sound discretion of  the  discharge  authority.   The  Air  Force  Discharge
Review Board denied his request for upgrade on 2 May 1988.

The applicant did not submit any new evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing.  He provided no  facts
warranting an upgrade of his discharge

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 March 2002, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within  thirty  (30)  days.   As  of  this
date, no response has been received by this office.

On 12 April 2002, the Board staff  requested  the  applicant  provide  post-
service documentation within  fourteen  (14)  days.   Applicant’s  response,
with attachments, is at Exhibit I.

_________________________________________________________________









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.     We  find  no  impropriety  in  the  characterization  of  applicant's
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the rights to which entitled at  the  time  of  discharge.   We
conclude,  therefore,  that  the  discharge  proceedings  were  proper   and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.    We also find insufficient evidence to warrant  a  recommendation  that
the discharge be upgraded on the basis  of  clemency.   We  have  considered
applicant's overall quality of service, the events  which  precipitated  the
discharge, and available evidence related  to  post-service  activities  and
accomplishments.  On balance, we do not believe that clemency is warranted.

_________________________________________________________________

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 AFBCMR Docket Number  02-00481
in Executive Session on 20 June 2002, under the provisions of AFI 36-2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Mr. James W. Russell, III, Member
                  Mr. John E. B. Smith, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 February 2002.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 13 March 2002.
   Exhibit D.  Letter, SAF/MIBR, dated 22 March 2002.
   Exhibit E.  FBI Report.
   Exhibit F.  Letter, AFBCMR, dated 12 April 2002, w/atch.
   Exhibit G.  Letter, Applicant, dated 24 April 2002.
   Exhibit H.  Letter, AFBCMR, dated 20 May 2002.
   Exhibit I.  Letter, Applicant, undated, w/atchs.




                                JACKSON A. HAUSLEIN
                                Panel Chair

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