RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01251
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His discharge be upgraded to honorable.

2.  He be restored to the grade of staff sergeant.

3. It also appears that he is requesting that he be awarded sufficient  time
to allow his retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After his return from Thailand he discovered that his  wife  was  having  an
affair which led  to  his  severe  depression  and  drinking  problems.   He
regrets his tardiness for work but  nobody  would  talk  to  him  about  his
problems.  After he was reduced in rank  he  requested  discharge.   He  was
told that  he  had  beautiful  records  and  that  his  discharge  would  be
honorable.  A check of his military records will show that  he  was  a  good
sergeant.

In support of his request, applicant provided  a  personal  statement.   His
complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
27 May 52.  He was progressively promoted to the grade  of  staff  sergeant,
having assumed that grade effective and with a date of rank  of  1  Oct  64.
The applicant served an unaccompanied tour at ------  Air  Force  Base  from
April 1966 through April 1967.  In May 1967, he arrived  at  ----  AFB,  WY.
On 12 Oct 67, the applicant was  notified  by  his  commander  that  he  was
recommending that he be discharged from the Air Force under  the  provisions
of AFM 39-12, paragraph 2-15d.  The specific reason for this action was  his
continual failure in his responsibilities as a  member  of  the  Air  Force.
The applicant was advised of his rights  in  this  matter  and  acknowledged
receipt of the notification on that same date.  Applicant consulted  counsel
and elected to waive his right to an administrative discharge board  hearing
and waived his right to submit matters on his own  behalf.   After  a  legal
review of the case file, the  wing  staff  judge  advocate  found  the  case
legally sufficient.  On 13 Dec 67,  the  applicant  was  discharged  with  a
general (under honorable conditions)  discharge.   He  served  15  years,  6
months, and 17 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM reviewed applicant's request and recommends denial.  JAJM  states
that in a four-month period,  between  23  June  and  16 October  1967,  the
applicant  received  three  Article  15s  and  two  vacations  of  suspended
punishment.  He was reduced from staff sergeant to airman  basic.   Contrary
to his assertions, the file does not support his claim to have been  a  good
sergeant.   Based  on  his  history  of  misconduct,   the   discharge   was
appropriate.  His conduct, which established  a  pattern  of  shirking,  was
sufficient to support a  general  discharge.   Nothing  in  the  file  shows
irregularity in the nonjudicial punishment actions or in the  administrative
discharge.  The JAJM evaluation is at Exhibit C.

AFPC/DPPRRP reviewed applicant's  request  and  recommends  denial.   DPPRRP
states that the applicant did not have 20  years  of  total  active  federal
military service at the  time  of  his  discharge  and  therefore,  was  not
eligible to voluntarily retire.  He is not eligible to be retired under  the
15-year retirement program because it was not enacted into law until  fiscal
year 1993.  Additionally, based on the fact that he was pending  involuntary
separation action, he would not have been eligible to apply  for  retirement
under the 15-year retirement program.  There are no  provisions  of  law  to
grant credit for unserved service, nor  does  DPPRRP  support  awarding  the
applicant credit for over 4 years of unserved service to permit  retirement.
 The DPPRRP evaluation, with attachments, is at Exhibit D.

AFPC/DPPRS  reviewed  applicant's  request  and  recommends  denial.   DPPRS
states  that  the  discharge  was  consistent  with   the   procedural   and
substantive requirements of the discharge regulation,  and  was  within  the
discretion of the discharge authority.  The applicant  did  not  submit  any
new evidence or identify any errors  or  injustices  that  occurred  in  the
discharge processing.  The DPPRS evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that JAJM focuses on the months of his service in which  he
was severely depressed and traumatized but does not  mention  his  other  15
years of service.  The applicant provided a synopsis of the tours he  served
and the duties he performed.    His complete submission is at Exhibit G.

_________________________________________________________________

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.  With respect to his  request  that  he  be
restored to the grade of staff  sergeant  and  awarded  sufficient  time  to
allow his retirement, we agree with the opinions and recommendations of  the
Air Force offices of primary responsibility and adopts  their  rationale  as
the basis for our conclusion that he has not been the victim of an error  or
injustice.

4.  Regarding his request that his discharge be upgraded to  honorable,  the
Board majority found no evidence of error or injustice  that  would  warrant
an upgrade of  the  characterization  of  his  service.   It  is  the  Board
majority's opinion in this matter that evidence has not been provided  which
would lead them to believe that the  actions  taken  against  the  applicant
were improper, contrary to the provisions of the  governing  regulations  in
effect at the time, or based on  factors  other  than  his  own  misconduct.
Therefore, in the absence of persuasive evidence to the contrary, the  Board
majority finds no compelling basis to recommend granting the  relief  sought
in this application.

5.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-01251  in
Executive Session on 17 Oct 02, under the provisions of AFI 36-2603:

      Mr. Jackson A. Hauslein, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Rita S. Looney, Member

By a majority vote the members voted to deny the request.  Ms. Looney  voted
to partially grant his request and upgrade his  discharge  to  honorable  on
the basis of clemency.  She did not desire  to  submit  a  minority  report.
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 17 Jul 02.
    Exhibit D.  Letter, AFPC/DPPRRP, dated 26 Aug 02, w/atchs.
    Exhibit E.  Letter, AFPC/DPPRS, dated 15 Aug 02.
    Exhibit F.  Letter, SAF/MRBR, dated 30 Aug 02.
    Exhibit G.  Letter, Applicant, dated 4 Sep 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair




MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Case on

      I have carefully reviewed all of the circumstances of this case and I
agree with the AFBMCR panel's recommendation that the applicant's requests
to be restored to the grade of staff sergeant and that he be granted
sufficient service to permit his retirement should be denied.  However, I
do not agree with the Board majority's determination that his discharge
should not be upgraded to honorable.  In my opinion, based on the
particular circumstances of this case, I believe that upgrade of his
discharge is warranted.

      The applicant enlisted in the Air Force on May 27, 1952.  It appears
that in 1967 after his return from a tour in Thailand, he experienced
marital problems which led to his dependence on alcohol.  His heavy alcohol
consumption resulted in disciplinary problems which ultimately led to the
decision to discharge him from the Air Force.  A review of his military
personnel records reveals that prior to the events that precipated his
commander's decision to impose nonjudicial punishments and recommend
administrative discharge action, he served honorably and faithfully for
over 15 years.  Further, I see no evidence on the part of the Air Force to
offer the applicant any rehabilitative or counseling efforts.  It appears
that this, along with the stressors of his failing marriage perpetuated his
drinking and disciplinary problems.  There is no other way to explain the
abrupt change in his behavior and his sudden tendancy to act in a manner so
contrary to his own best interests.  Therefore, I agree with the minority
panel member that upgrade of his discharge to honorable in this case is
warranted.

      Accordingly, it is my decision that his records should be corrected to
reflect that he was honorably discharged from the Air Force.












     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency

AFBCMR 02-01251





MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States Code and
Air Force Instruction 36-2603, and having assured compliance with the
provisions of the above regulation, the decision of the Air Force Board for
Correction of Military Records is announced, and it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 13 December 1967, he was
honorably discharged and furnished an Honorable Discharge certificate.




                                                       JOE G. LINEBERGER
                                                       Director
                                                             Air
Force Review Board Agency