RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03260
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

During several months of basic training he led sixty men of  his  unit
from last place to first place in standing at completion of  training.
Upon arriving at Lowery AFB, CO,  his  Commanding  Officer  and  staff
completely ignored those accomplishments.   They  immediately  removed
the rank of all non-white leaders and redistributed leadership  status
based solely on what appeared to be racial favoritism.  He states that
he was demoralized and regularly ridiculed as  he  received  the  most
menial of daily tasks.  Some of the very men that  he  had  previously
led to success witnessed this.  Furthermore, his  potential  to  excel
had been severely inhibited.  He  subsequently  developed  a  slightly
rebellious attitude of non-compliance.  After three or four  incidents
of his reporting late or not at all to training, restrictive sanctions
were being leveled against him.  The era was the  early  1970’s.   The
national climate was filled  with  unrest  and  there  was  legitimate
concern over whether or not his suffering  had  been  racially  based.
Therefore, he thought it best to  respectfully  request  an  immediate
release from duty.  His actions of missing one or two days of training
has resulted in thirty years of suffering, so at this  time  he  prays
that he is forgiven for the  irresponsible  actions  of  his  youthful
exuberance.

In support of the  applicant’s  claim,  he  has  provided  a  personal
statement and other documentation.

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

_________________________________________________________________


STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 December 1972 in  the
grade of airman basic for a period of four years.

The applicant was investigated  for  court  martial  charges  for  the
following reasons:

Charge I/Specification: Applicant  did,  on  or  about  17  May  1973,
without authority, absent  himself  from  his  organization,  to  wit:
3440th Student Squadron, located at Lowry Air  Force  Base,  Colorado,
and did remain so absent until or about 18 May 1973.

Charge II/Specification: Applicant, did,  at  Lowry  Air  Force  Base,
Colorado, on or about 21 May 1973, with intent  to  deceive,  sign  an
official record, to wit:  Form ATC 235, Daily Distribution Roster  for
Correctional Custody Airmen, and was then known by the said applicant,
to be so false.

Charge III/Specification 1: Applicant, having knowledge  of  a  lawful
order issued by SMSgt R--- D---, to report to 2d Lieutenant D---  D---
at 0730 hours, 26 April 1973, an order which it was your duty to obey,
did, at Lowry Air Force Base, Colorado, on or  about  26  April  1973,
fail to obey the same.

Specification 2: Applicant, having received a lawful order  from  your
superior commissioned officer, to report to 2d Lieutenant D--- D--- at
0730 hours, 27 April 1973, did, at Lowry Air Force Base, Colorado,  on
or about 27 April 19783, willfully disobey the same.

Specification 3: Applicant, having knowledge of a lawful order  issued
by Captain M--- B---, to wit: paragraph 3a,  3320th  Retraining  Group
Instruction No. 5, dated 18 April 1973, an order which it was his duty
to obey, did, at Lowry Air Force Base, Colorado, on or  about  21  May
1973, fail to obey the  same  by  signing  out  to  the  dining  hall,
building 756, and failing to return to building 937 at  the  specified
time of 1230.

Charge IV/Specification 1: Applicant, having received a lawful command
from his superior commissioned officer, to be restricted  to  barracks
700, did, at Lowry Air Force Base, Colorado, on or about 7 June  1973,
willfully disobey the same.

On 6 June 1973, the applicant requested discharge in  lieu  of  court-
martial and stated he  understood  he  could  receive  an  undesirable
discharge.

He signed a statement indicating that he did not desire to participate
in any Air Force probation or rehabilitation (P&R) program.

On 15 June 1973, the  discharge  authority  approved  the  applicant’s
discharge and ordered an undesirable discharge without P&R.

Applicant was discharged on 19 June 1973, in the grade of airman  with
an under other than honorable conditions (UOTHC) discharge, under  the
provisions AFM 39-12 (for the good  of  the  service).   He  served  5
months and 10 days total active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.   They  indicated  that  based  on  the
documentation in the file, they believe the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.  Additionally, the separation 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.  Additionally, he provided no facts warranting a
change in his discharge.  He has not filed a timely request.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 November 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.

_________________________________________________________________

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.   After  thoroughly
reviewing the evidence of  record,  we  are  not  persuaded  that  the
applicant has been the victim of either an error or an injustice.  The
discharge apparently complied with the governing regulation in  effect
at that time; therefore, we believe his  separation  was  appropriate.
We took notice of the applicant's complete submission in  judging  the
merits of the case; however, the Board is  of  the  opinion  that  the
applicant has not been the victim of an error or injustice.



4.     Although   the   applicant   did   not   specifically   request
consideration based on clemency, we also find insufficient evidence to
warrant a recommendation that the discharge be upgraded on that basis.
 Applicant has not provided information of his post-service activities
and accomplishments.  Therefore, based on the evidence of  record,  we
cannot conclude that clemency is warranted.  Should applicant  provide
statements from community leaders and acquaintances attesting  to  his
good character and reputation and other evidence of  successful  post-
service rehabilitation, this Board would be  willing  to  review  this
information for possible reconsideration of this  case.   However,  we
cannot 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 AFBCMR Docket Number 02-
03260 in Executive Session on 14 January 2003 under the provisions  of
AFI 36-2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Mr. Jay H. Jordan, Member
                 Mr. George Franklin, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 November 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 21 November 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 27 November 2002.





                                   CHARLES E. BENNETT
                                   Panel Chair