RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-01013
                                        INDEX CODE:  110.02
                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His discharge has been a thorn in his side  ever  since  he  sobered  up  in
April 1975, when he  completed  the  alcohol  treatment  program.   When  he
returned to the United States in 1967, he  was  planning  to  make  the  Air
Force a career, but went back to his ex-wife which was a big mistake.   When
he was at Sheppard AFB, his ex-wife left  him  and  started  living  with  a
technical sergeant.  This was hard for him to handle.   When  he  would  get
intoxicated, he would go Absent Without Leave (AWOL) so  her  support  check
would stop but when he would sober up he would realize that the only  person
he was hurting was himself.

The only trouble he has been in is having 3 Driving While Intoxicated  (DWI)
convictions.  In the 30 years he’s been working, he has been  in  management
21 years and has always tried to do his best.  He is now disabled due  to  a
bad snowmobile accident, in which he had his right  leg  amputated.   He  is
grateful to be alive today and ever since he sobered up, he has  tried  hard
to be a good person and help other people.  He has two brothers  who  served
in the military and both received honorable discharges. He knows that  going
AWOL was the biggest mistake in  his  life  and  is  embarrassed  about  his
discharge.

In support of his request, he submits a personal  statement,  two  character
references; a copy of his DD Form 214 and his discharge certificate;  copies
of letters of commendation/appreciation; a copy of a TDY  order  and  copies
of his performance reports.

The applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 6 January 1961, the applicant enlisted in the Regular Air  Force  in  the
grade of airman basic (E-1) for a period of 4 years.
On 30 June 1964, the applicant was discharged with  an  honorable  discharge
because of reenlistment prior to expiration of  term  of  service.   He  had
served 3 years, 5 months and 25 days on active duty with no time  lost.   He
was awarded the Good Conduct Medal.

The applicant reenlisted on 1 July 1964.

From 25 September 1967 to  8  October  1967,  he  was  charged  with  Absent
Without Leave (AWOL).  For  this  incident,  punishment  under  Article  15,
Uniform Code of Military Justice, was imposed.  He was reduced to the  grade
of airman first class, which was suspended for six months,  and  restriction
to the limits of Sheppard AFB for 30 consecutive days.

On 1 December  1967,  he  was  charged  with  failure  to  go  at  the  time
prescribed  to  his  appointed  place  of  duty.   For  this  incident,  his
suspension to the grade of airman first class was vacated.

From 14 December 1967 to 11 January 1968, he was charged with AWOL.

From 12 January 1968 to 26 March 1968, he was dropped from his unit’s  rolls
as a  deserter.   On  27  March  1968,  he  was  apprehended  by  civil  law
enforcement authorities and was  returned  to  military  control.   From  27
March 1968 to 31 March 1968, he was confined at Tinker AFB OK.

From 16 July 1968 to 17 July 1968, he was charged with AWOL.

On 25 April 1968, the applicant was tried by  a  special  court-martial  for
violation of Article 86, Absent Without Leave (AWOL), from 14 December  1967
until 26 March 1968.  He pled and was found guilty, and was sentenced to  be
discharged with a bad conduct discharge  and  to  be  reduced  in  grade  to
airman basic.  The applicant was discharged with a bad conduct discharge  on
12 August 1968.  He had served 3 years, 9 months and 9 days on active  duty.
 He had 124 days lost time due to AWOL and confinement.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit F.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, the discharge was  consistent  with  the
procedural and substantive requirements of the discharge regulation.

The DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that his General Court-Martial is news to him since he  was
not at the base at the time.   Applicant  states  he  was  AWOL  between  14
December 1967 through 26 March 1968 when he was picked up in Oklahoma  City.
 He was taken back by his First Sergeant in March  1968.   The  only  court-
martial he ever had was in May 1968.  The only thing he did wrong  while  he
was in the Air Force was to go AWOL twice.   The  charges  of  breaking  and
entering and being sentenced to 24 months of hard labor  are  also  news  to
him since he was not at the base.  When he separated from the Air  Force  he
was a full-blown alcoholic.   He  is  taking  full  responsibility  for  his
actions and is not blaming the Air Force  for  his  drinking.    Applicant’s
rebuttal is at Exhibit E.

On 3 June 2002, a letter was forwarded to the applicant suggesting  that  he
consider providing evidence pertaining to his post-service  activities.   On
16 June 2002, applicant submitted an additional character  reference  letter
and stated he has had four jobs since he left the Air Force of  which  three
he was a service manager (Exhibit F).

On 18 July 2002, a copy of the FBI report was  forwarded  to  the  applicant
for review and comment.  As of  this  date,  this  office  has  received  no
response (Exhibit G).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant  to  the  Board’s  request,  AFPC/DPPRS  provided   an   additional
advisory.  DPPRS reiterates that the  application  should  be  denied.   The
applicant has not provided any new evidence  or  identified  any  errors  or
injustices that occurred in the discharge processing.  The DPPRS  evaluation
is at Exhibit H.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 25 October 2002, a copy  of  the  additional  Air  Force  evaluation  was
forwarded to the applicant for review and comment.  As of  this  date,  this
office has received no response (Exhibit I).

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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.   After  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an upgrade of his characterization  of  service.
Other than his own assertions, the applicant has provided no  evidence  that
would lead us to believe the actions taken  to  effect  his  discharge  were
improper, or that the information in his discharge case file  is  erroneous.
In addition, in view of the contents of the  FBI  Identification  Record  we
are not persuaded that the characterization  of  the  applicant’s  discharge
warrants an upgrade to general under honorable conditions on  the  basis  of
clemency.  In view of the above and  in  the  absence  of  evidence  by  the
applicant showing the information provided in the FBI report  is  incorrect,
we find no basis on which to favorably consider his request.

_________________________________________________________________

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,  AFBCMR
Docket Number 02-01013, in Executive Session on 5 February 2002,  under  the
provisions of AFI 36-2603:

                 Mr. Roscoe Hinton, Jr, Panel Chair
                 Mr. Steven A. Shaw, Member
                 Ms. Thomas J. Topolski, Jr, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Apr 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 26 Apr 02.
     Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.
     Exhibit E.  Letter, Applicant, dated 16 May 02.
     Exhibit F.  Letter, AFBCMR, dated 3 Jun 02.
     Exhibit G.  Letter, AFBCMR, dated 18 Jul 02, w/FBI Report.
     Exhibit H.  Letter, AFPC/DPPRS, dated 16 Oct 02.
     Exhibit I.  Letter, SAF/MRBR, dated 25 Oct 02.



                                  ROSCOE HINTON JR
                                  Panel Chair