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AF | BCMR | CY2002 | BC-2002-02226
Original file (BC-2002-02226.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02226

            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had no court-martials.  He was suffering from Post Traumatic Stress
Disorder.  Please allow him the dignity of an Honorable Discharge.  He
was diagnosed 50% and treated for Post Traumatic Stress Disorder as  a
result of his Vietnam experience.  He now understands why his behavior
changed when he returned  to  stateside.   All  of  these  events  are
documented in his file.  He is seeking an Honorable Discharge  because
he served his country with as much honor as he could.  He  is  now  50
years old and needs to clear his records.

In support of the applicant’s appeal, he submits a  copy  of  DD  Form
293, Application for the Review of Discharge  or  Dismissal  from  the
Armed Forces of the United States, a letter  from  VA,  DD  Form  215,
Correction to DD Form 214, Certificate of Release  or  Discharge  From
Active Duty and DD Form 214.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
8 Oct 71 for a period of 4 years.  On 22 Aug  75,  the  applicant  was
discharged with a general (under honorable  conditions)  discharge  in
the grade of airman first class. He served 3 years, 10  month  and  15
days of active service.






The applicant's records were  not  found  at  the  National  Personnel
Records Center (NPRC) in St Louis, MO.   Other  than  the  applicant's
attached statement and a copy of his DD Form 214 obtained  from  NPRC,
the facts leading to the discharge are not available.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.   The applicant did not submit any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  He has provided no facts warranting an upgrade.
 Accordingly, DPPRS recommends his records remain  the  same  and  his
request be denied.  He has not filed a timely request.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 9 Aug 2002, for review and comment within 30 days.  As of
this date, no response has been received by this office.

_________________________________________________________________

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.  We  note  the  recommendation
from the Air Force; however, based  on  the  evidence  of  record,  we
cannot  conclude  that  clemency  is  warranted.   Applicant  has  not
provided  sufficient  information  of  post-service   activities   and
accomplishments for us to conclude that  applicant  has  overcome  the
behavioral  traits  which  caused  the  discharge.   Should  applicant
provide statements from community leaders and acquaintances  attesting
to applicant's good character and reputation  and  other  evidence  of
successful post-service rehabilitation,  this  Board  will  reconsider
this case based on the new evidence.  We  cannot,  however,  recommend
approval based on the current evidence of record.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  02-02226
in Executive Session on 6 November 2002, under the provisions  of  AFI
36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Mr. John E. Pettit, Member
                 Ms Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Jul 02, w/atchs.
      Exhibit B. Letter, AFPC/DPPRS, dated 2 Aug 02.
      Exhibit C. Letter, SAF/MRBR, dated 9 Aug 02.






      ROSCOE HINTON, JR.
      Panel Chair

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