RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-03692
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable or general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His service in Vietnam should  outweigh  his  absence  of  33  days  without
leave.

In support of his application, the  applicant  provided  his  DD  Form  214,
Armed Forces of the United States Report  of  Transfer  or  Discharge.   The
applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 4 September 1969, the applicant enlisted in the Regular Air Force at  the
age of 18 in the grade of airman basic (E-1) for a  period  of  four  years.
The applicant was progressively promoted to the grade of airman first  class
(E-3),  effective  1  April  1970.   The  applicant  received   two   Airman
Performance Reports (APRs) during his  term  of  service.   He  received  an
overall rating of 5 for the period 4  September  1969  through  15  November
1970 and an overall rating of 6 for the  period  16  November  1970  through
26 May 1971.

On 9 November 1970, the applicant received an  Article  15  for  failure  to
report to duty on time.  As punishment, he received  a  suspended  reduction
to the rank of airman (E-2) and forfeiture of $25 for one month.

The applicant served in Thailand from 28 January 1970  to  28 January  1971.
He became subject to courts-martial charges when he failed  to  return  from
leave upon his assignment to  the  United  States  from  Thailand.   He  was
absent without leave 25 March 1971 to 26 April 1971.  On 29 March 1971,  his
duty status was changed from present for duty to  AWOL,  effective  25 March
1971.  On  23  April  1971,  his  duty  status  was  changed  from  AWOL  to
desertion.  The applicant was apprehended by civil authorities and  returned
to military authorities on 27 April  1971.   He  was  returned  to  duty  on
27 April 1971.  The applicant claimed when he went home on  leave  he  found
his family in immediate need of financial help.  He  decided  to  remain  at
home in an attempt to help and would go back to the military later.

The applicant was interview by a physician on 11 May  1971.   The  physician
noted the applicant was hospitalized on 22  September  1970  for  depressive
reaction with  suicidal  gesture.   The  physician  stated  the  applicant’s
prognosis  was  guarded  at  the  time  since  the  patient  was   suffering
“basically from a character disorder”  and  he  might  turn  to  acting  out
behavior again.  When the subject of his  AWOL  status  was  discussed,  the
applicant felt little responsibility for it and indicated  he  would  do  it
again in order to leave the service.   The  attending  physician  classified
the applicant with a character or behavior disorder.

On 24 May 1971, the applicant submitted a  request  for  discharge  for  the
good of the service in lieu of  trial  by  court-martial.   He  furnished  a
statement that he had been advised of his legal rights  and  privileges  and
understood the consequences of this type  of  discharge.   Attached  to  the
applicant’s request was a statement by his  military  legal  counsel.   This
officer stated that he had interviewed the applicant and determined he  gave
up easily when faced with difficult  situations.   The  legal  council  also
stated  the  applicant  was  not  a  good  candidate   for   probation   and
rehabilitation.  The applicant was told that if convicted as charged by  the
special court-martial, the maximum authorized punishment extends  to  a  bad
conduct discharge, confinement at hard labor for six months,  forfeiture  of
two-thirds pay per month for six months, and reduction in  grade  to  airman
basic (E-1).

On 25 May 1971, the applicant’s first sergeant  signed  a  statement  noting
that since his return from AWOL, the applicant performed  all  duties  in  a
satisfactory manner and his appearance and quarter’s care  were  well  above
the standards required by the Air Force.   The  first  sergeant  stated  the
applicant’s conduct on duty as well as off duty had been very satisfactory.

On 27 May 1971,  the  applicant’s  commander  recommended  approval  of  the
applicant’s request with an undesirable  discharge,  without  the  offer  of
probation and rehabilitation.  On 28 May  1971,  the  staff  judge  advocate
found the  action  legally  sufficient.   On  15 June  1971,  the  discharge
authority  approved  the  applicant’s  request  for  separation  under   the
provisions of AFM 39-12 and directed that he  be  furnished  an  Undesirable
Discharge certificate.  The applicant was discharged effective 25 June  1971
1996 with a character of service of under other than  honorable  conditions.
He had served 1 year, 9 months and 22 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS  stated  that  the  applicant  did  not
submit any new evidence or identify any errors or injustices  that  occurred
in  the  discharge  processing.   The  discharge  was  consistent  with  the
procedural and substantive  requirements  of  the  discharge  regulation  in
affect at that time.  Additionally, the discharge was within the  discretion
of the discharge authority.  The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  20
December 2002 for review and response (Exhibit D).  As of this date,  this
office has received no response.

_________________________________________________________________

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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   In  view  of  the
foregoing and in the absence of evidence by the applicant  attesting  to  a
successful post-service adjustment in the years since  his  separation,  we
are not inclined to extend clemency in this case.  Therefore,  we  conclude
that no basis exists upon  which  to  recommend  favorable  action  on  his
request that it be changed.

_________________________________________________________________

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 in  Executive
Session on 5 March 2002, under the provisions of AFI 36-2603:

      Ms. Marilyn Thomas, Panel Chair
      Mr. William H. Anderson, Member
      Mr. Thomas J. Topolski Jr., Member


The following documentary evidence for AFBCMR  Docket  Number  02-03692  was
considered:

      Exhibit A.  DD Form 149, dated 7 Nov 02, with attachment.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 13 Dec 02.
      Exhibit D.  Letter, SAF/MRBR, dated 20 Dec 02.




                                  MARILYN THOMAS
                                                   Panel Chair