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AF | BCMR | CY2003 | BC-2002-03309
Original file (BC-2002-03309.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03309
                       INDEX CODE:  110.00
      APPLICANT        COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions)  discharge  be  upgraded  to
honorable and his training periods be  included  in  his  active  duty
service time.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had a good service record.  His mother was ill at the time  of  his
being absent without leave (AWOL).  He needs his discharge upgraded so
he can go to school.  His training periods were not  included  in  his
active duty service time.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 October 1981, the applicant enlisted in the Regular Air Force as
an airman basic for a period of four years.

On 16 December 1983,  the  applicant's  commander  recommended  he  be
discharged for Failure in Prisoner Retraining Rehabilitation  Program.
The specific reasons for the discharge action were:

      a.  The  applicant  refused  to  volunteer  for  the  prisoner
retraining and rehabilitation program.

      b.  On 18 August 1983, the applicant was convicted by  Special
Court Martial for wrongfully and  unlawfully  uttering  five  checks
without funds, wrongfully using  marijuana,  and  for  being  absent
without authority from his organization from 31 May 1983 through  18
July 1983.  His punishment consisted of confinement  at  hard  labor
for six months, forfeiture of $382.00 per month for six  months  and
reduction in grade to airman basic.

The commander indicated in his recommendation for discharge that the
applicant should be discharged without probation and rehabilitation.

A legal review was conducted on 19 December 1983 in which the  staff
judge advocate  recommended  the  applicant  be  discharged  with  a
general discharge with no probation and rehabilitation.

On 22 December 1983, the discharge authority approved the discharge.

Applicant was discharged on 27 January 1984, in the grade of  airman
first class with a general (under honorable  conditions)  discharge,
in accordance with AFR 39-10  (Failure  in  prisoner  retraining  or
rehabilitation).  He served a total of 2 years, 3 months and 13 days
total active service of which 7 months and  25  days  was  bad  time
giving him 1 year, 7 months and 19 days of good time.

Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is  attached
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the processing of
his discharge.  Based upon the documentation in the applicant's  file,
they believe his discharge was  consistent  with  the  procedural  and
substantive requirements of the discharge regulations  of  that  time.
Also, the discharge was within the sound discretion of  the  discharge
authority.  Also, he did not provide any facts to warrant  an  upgrade
of his discharge.  Based on the information and evidence provided they
recommend the applicant's request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report  were  forwarded
to the applicant on 24 January 2003 and 4  March  2003,  respectively,
for review and response.  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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an  error  or  an  injustice.   Based  on  the  documentation  in  the
applicant's records, it appears that the processing of  the  discharge
and  the  characterization  of  the  discharge  were  appropriate  and
accomplished in accordance with Air Force policy.  Therefore,  in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

4.  Based on activities reflected on the FBI report, we also  find  no
compelling reason which would warrant upgrading his discharge  on  the
basis of clemency.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2002-03309 in Executive Session on 24 April 2003 under the  provisions
of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Vice Chair
                 Mr. Laurence M. Groner, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 Nov 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 21 Nov 02.
   Exhibit E.  Letter, SAF/MRBR, dated 24 Jan 03.
   Exhibit G.  Letter, AFBCMR, dated 5 Mar 03.




                                        THOMAS S. MARKIEWICZ
                                        Vice Chair

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