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AF | BCMR | CY2002 | 0201611
Original file (0201611.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01611
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was not equitable because it was issued to  him  as  his  only
choice based on an isolated incident.  He had 24 months  and  5  days  prior
active service with no previous adverse actions.

In support of his application, the applicant provided a  personal  statement
on his application.  The applicant’s submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  in  the  grade  of  airman
basic  (E-1)  on  9  November  1971  for  a  period  of  4  years.   He  was
progressively promoted to the grade  of  airman  first  class.   During  his
enlistment he received one Airman  Performance  Report  for  the  period  15
January 1973 - 22 May 1973 with an overall evaluation of five (5).

On 21 August 1973, he failed to go to his place of  duty,  the  Base  Spruce
Up, at the appointed time and remained absent until on or  about  27  August
1973.  For this incident, his commander imposed punishment by Article 15.

The applicant’s discharge case file was apparently lost or  destroyed.   His
discharge  document  reveals  that  he  was  discharged  under  other   than
honorable conditions (UOTHC) on 9 November 1971 under the provisions of  AFM
39-12 with a separation code of 246 (Request for Discharge for the  Good  of
the Service).  He had served 2 years and 12 days on active duty with 6  days
of time lost (21 - 26 August 1973).  A  reenlistment  (RE)  code  of  2  was
assigned.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends  the  application  be  approved.   DPPRS  states  that
considering the discharge was 28 years ago, the type  of  offense,  and  the
lack of information in his files, they recommend clemency.  If  a  check  of
the  Federal  Bureau  of  Investigation   (FBI)   proves   negative,   DPPRS
recommends, based on clemency, the discharge be upgraded to under  honorable
conditions (general).  DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 June 2002, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review  and  comment.   As  of  this  date,  this  office  has
received no response (Exhibit D).

On 10 July 2002, a copy of the FBI report was  forwarded  to  the  applicant
for review and comment.  As of  this  date,  this  office  has  received  no
response (Exhibit E).

_________________________________________________________________

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.   After  careful  consideration  of  the
available evidence, we found no indication that the actions taken to  effect
his discharge were improper or contrary to the provisions of  the  governing
regulations in effect at the time, or that the  actions  taken  against  the
applicant  were  based  on  factors  other  than  his  own  misconduct.   In
addition, in view of the contents of the FBI Identification  Record  we  are
not  persuaded  that  the  characterization  of  the  applicant’s  discharge
warrants an upgrade to general under honorable conditions on  the  basis  of
clemency.  Having found no error or injustice with  regard  to  the  actions
that occurred while the applicant was a military member,  we  conclude  that
no basis exists to grant favorable action on his request.

_________________________________________________________________

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  this  application  AFBCMR
Docket Number 01-03486 in Executive Session on 21  August  2002,  under  the
provisions of AFI 36-2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 22 May 2002 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 5 June 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 14 June 2002.
     Exhibit E.  Letter, AFBCMR, dated 10 July 2002.





                             LAWRENCE R. LEEHY
                                             Panel Chair

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