RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02414
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his time in the service he had a problem with alcohol and there  were
no programs to treat this disease.  Since  his  discharge  the  problem  has
been corrected.

In support of his appeal, the applicant provided a copy of his DD Form  214,
Armed Forces of the United States Report of  Transfer  or  Discharge  and  a
letter from the Department of Veterans Affairs, dated 13 August 2002.

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

STATEMENT OF FACTS:

During the time period in question, the applicant enlisted  in  the  Regular
Air Force on 17 August 1966 in the grade of airman basic  for  a  period  of
four (4) years.

On 27 February 1970, the applicant was notified of  his  commander's  intent
to initiate discharge action against him for unfitness.  He  did,  at  Cigli
AB, Turkey, during the period 10 March 1969 through 6  February  1970,  have
frequent involvement of a discreditable nature with  military  and  civilian
authorities and established a pattern of financial irresponsibility.





The commander indicated in his  recommendation  for  discharge  action  that
attempts were made at rehabilitation and the results of these attempts:  the
member  had  been  counseled  by  his  immediate  NCOIC,   First   Sergeant,
Administrative Officer and Squadron Commander almost  weekly  regarding  his
financial obligations and other personal problems.  His supervisor had  done
everything humanly  possible  in  aiding  this  individual  in  solving  his
financial problems and  behavior.   Efforts  of  all  supervisors  concerned
failed to make any lasting improvement.

The commander advised the applicant of his right to present his case  before
an  administrative  discharge  board,  consult  legal  counsel  and   submit
statements in his own behalf; or waive the  above  rights  after  consulting
with counsel.

On 5 March 1970, after consulting with counsel, applicant waived  his  right
to appear before an administrative discharge board and to submit  statements
in his own behalf.

On 27 March 1970, the discharge authority approved the discharge.

Applicant was discharged on 14 April 1970, in  the  grade  of  airman  first
class with an under  other  than  honorable  (UOTHC)  discharge,  under  the
provisions of AFM 39-12, (Unfitness).  He served  a  total  of  3  years,  7
months, and 28 days on his last enlistment and  6  years,  9 months  and  25
days of total military service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided an Investigative  Report,  which  is  at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial.   They  indicated  that  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  discretion  of  the  discharge
authority.

The applicant  did  not  identify  any  specific  errors  in  the  discharge
processing.  However, considering the discharge occurred 32 years  ago,  his
previous honorable discharge, the nature of his  offenses  and  his  alcohol
problem, they recommend clemency.  If a  check  of  the  Federal  Bureau  of
Investigation  files  proves  negative,  they  recommend  the  discharge  be
upgraded to under honorable  conditions  (general).   He  has  not  filed  a
timely request.

The evaluation is at Exhibit D.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 September 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 23 September 2002, a copy of the FBI Investigation was forwarded  to  the
applicant for review and response within fourteen (14)  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.    Sufficient relevant evidence has been presented to warrant an  upgrade
of the applicant’s discharge solely on  the  basis  of  clemency.   In  this
regard, no evidence has  been  presented  which  would  lead  the  Board  to
believe the applicant’s discharge was improper or contrary to the  directive
under which it was effected.  However, we note  that  AFPC/DPPRS  recommends
clemency, if an FBI report is clean on the basis that the discharge is  over
32 years old and considering the type of offenses.  The Board notes the  FBI
report does contain some entries; however, with the exception  of  an  entry
while on active duty and  one  entry  in  1983,  the  offenses  were  either
dismissed or the charges were reduced.   Therefore,  the  Board  is  of  the
opinion  that  upgrading  the  applicant’s  discharge  to   general   (under
honorable conditions), based on clemency would be appropriate.   Applicant’s
request for fully honorable discharge was considered;  however,  we  do  not
believe the overall  record  supports  a  further  upgrade.   Therefore,  we
recommend the applicant's records  be  corrected  to  the  extent  indicated
below.

_________________________________________________________________










THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 14 April 1970, he was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  02-03667
in Executive Session on 7 November 2002, under the  provisions  of  AFI  36-
2603:

                  Mr. Wayne R. Gracie, Panel Chair
                  Mr. James W. Russell III, Member
                  Mr. Thomas J. Topolski, Jr., Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 July 2002 w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 26 August 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 6 September 2002.
   Exhibit F.  Letter, AFBCMR, dated 23 September 2002.




                                WAYNE R. GRACIE
                                Panel Chair



AFBCMR 02-02414





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to   , be corrected to show that on 14 April 1970, he was
discharged with service characterized as general (under honorable
conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency