RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00725
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions  discharge  be  upgraded  to
honorable.

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APPLICANT CONTENDS THAT:

Because of his previous years of service,  which  were  honorable,  he
should be granted an upgrade for his last period of service.

In support of the appeal, applicant submits a  personal  statement,  a
copy of all DD Forms 214, and four character references.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  26  November  1963
for a period of 4 years.  On 25 May 1976, he reenlisted  for  the  3rd
time.

On 8 November 1977, his commander notified the applicant that  he  was
initiating action against him.  The reasons for his  proposed  actions
were:  Applicant has shown  serious  misconduct  which  established  a
pattern of shirking his responsibilities.  He engaged in frequent acts
of misconduct shown by his numerous violations of the Uniform Code  of
Military Justice.  For misbehavior, action was taken six  times  under
Article 15, UCMJ, for ten offenses over a period of 1  year.   Because
of his failure to maintain military deportment and multiple Article 15
actions, he was reduced in grade from the rank of staff sergeant,  E-5
to Airman Basic, E-1.  On 19 October 1977, he  received  a  letter  of
reprimand for disorderly conduct which took place on 12 October 1977.

On 25 July 1977, he was involved in an aggravated assault on a  fellow
airman when he struck the individual  with  a  Samurai  Sword  causing
bodily injury.  On several  occasions  he  had  shown  disrespect  and
hostility toward personnel in the chain of command. He requested to be
relieved of duties due  to  personal  problems,  which  he  would  not
discuss, because he felt he could  not  perform  his  duties,  and  he
demanded an immediate return to the CONUS for the purpose of discharge
action from the service.  In addition, he  related  to  the  commander
that he had  an  alcohol  problem.   When  he  was  to  enter  Alcohol
Rehabilitation he made no attempt to cooperate with the unit personnel
or Social Actions to support the rehabilitation.  This would have been
his second time in the Alcohol Rehabilitation Program.

The applicant, while  serving  in  the  grade  of  airman  basic,  was
discharged from the Air Force on 20 March 1978 under the provisions of
AFM 39-12 (involuntary discharge, misconduct, an  established  pattern
of shirking) and received an under  other  than  honorable  conditions
discharge.  He served 14 years,  3  months  and  1  day  total  active
service.  The applicant’s last enlistment was for 1 year, 9 months and
13 days.  He received three honorable discharges for his prior  active
duty time.  Applicant had 13 days lost time.

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that 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.   Therefore,  they  recommend
denial of applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 April 2002, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, no response has been received by this office.

On 10 June 2002, a copy  of  the  FBI  Report  was  forwarded  to  the
applicant for review and response within 14 days.  As of this date, no
response has been received by this office.

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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.  Evidence has not  been  provided
which would lead us to believe  that  the  applicant’s  discharge  was
improper or contrary to the provisions of the regulation  under  which
it was effected.   Based  on  numerous  infactions  committed  by  the
applicant against the good order and discipline of  the  service,  and
according to his stated desire, discharge proceedings  were  initiated
against the applicant.  He has provided  no  evidence  indicating  the
information in his discharge case  file  was  erroneous  or  that  his
commanders abused their discretionary authority.  We  have  noted  the
character references provided by the applicant  but  in  view  of  the
contents of the FBI investigative report, we do not find the  evidence
provided  by  the  applicant  warrants  clemency  in   the   form   of
recharacterization  of  his  under  other  than  honorable  conditions
discharge.  Accordingly, the  applicant’s  request  is  not  favorably
considered.

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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.

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The following members of the  Board  considered  this  application  in
Executive Session on 8 October 2002, under the provisions of  AFI  36-
2603:

                 Mr. Philip Sheuerman, Panel Chair
                 Mr. James W. Russell, III, Member
                 Mr. Robert S. Boyd, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Feb 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.

      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 28 Mar 02.
      Exhibit E. Letter, AFBCMR, dated 5 Apr 02.




                             PHILIP SHEUERMAN
                             Panel Chair