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AF | BCMR | CY2003 | BC-2002-03432
Original file (BC-2002-03432.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03432
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be changed
to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While stationed in the Philippines from 1973 through 1974, he was  led
into alcoholism by his First Sergeant  and  others.   Applicant  feels
that he has paid for his mistake for the past 28 years  and  that  his
discharge should be upgraded.

His submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant'  complete  military  personnel  record  is  not  available;
however, based on  the  available  records  the  following  facts  are
provided.

He contracted his enlistment in the Regular  Air  Force  on  14  April
1971.  He was progressively promoted to the grade of Sergeant  (Sgt/E-
4) with a date of rank of 1 August  1973.   Applicant  received  three
Airman Performance Reports (APRs) during his tour of duty.  The  first
two were overall 8’s and the third was an overall 6.

He was declared Absent Without Leave (AWOL) from 6 through 8 May 1974.
 Applicant was AWOL from 13 May through   11 June 1974 and, as he  was
AWOL for more than 30 days, he attained deserter  status  on  12  June
1974 and was not returned to military control until 24 September 1974.
 He was declared a deserter again from 6 through 20 October  1974  and
was confined on 22 October 1974 pending a court martial hearing.

On 8 November 1974, the applicant received notification  that  he  was
being recommended for involuntary discharge  due  to  misconduct.   He
received an Under Other Than Honorable Conditions (UOTHC) discharge on
27 November 1974  under  the  provisions  of  AFR  39-12  (Involuntary
discharge, misconduct, AWOL).  He had completed 3 years, 2 months  and
11 days, not including 153 lost days, and was serving in the grade  of
Sgt at the time of discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  notes  that   while   the
information surrounding applicant’s discharge in his personnel  record
is limited, there is  enough  information  to  substantiate  that  the
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the regulation in effect at  the  time  and  that  the
separation action was within the discretionary power of the  discharge
authority.  DPPRS states that the applicant’s request  is  not  timely
and that the applicant did not provide any new evidence  nor  identify
any errors or injustices that occurred during  the  discharge  action.
(Exhibit C)

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims that his records have been “…messed with.”;  that
his mistakes with alcohol were minor when compared to the mistakes  of
“…some of our country’s leaders.”; and that the Air Force,  his  First
Sergeant in particular, turned him into an alcoholic by making alcohol
so readily available.

The applicant states that he has been alcohol free for about 9  years.
He expresses shame of his past and recognizes that he can’t change  it
(though he would if he could), and that he is concerned that his grand
kids may learn of his undesirable discharge.  (Exhibit E)

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we find no evidence to persuade us that his discharge was  in
error  or  unjust.   Therefore,  we  agree  with   the   opinion   and
recommendation of the Air Force office of primary  responsibility  and
adopt their rationale  as  the  basis  for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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-
2002-03432 in Executive Session on 9 April 2003, under the  provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Martha Maust, Member
      Mr. Billy C. Baxter, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 02.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02
    Exhibit E.  Letter, Applicant, undated.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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