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AF | BCMR | CY2003 | BC-2003-00217
Original file (BC-2003-00217.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00217
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had a clean record while in the service.  He only  left  early  for
personal reasons.

In support of the appeal, the applicant did not submit any documents.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 April 1968 for a
period of  4  years.   Prior  to  the  events  under  review,  he  was
progressively promoted to the  grade  of  airman  first  class  (E-3),
effective and with a date of rank of 1  December  1968.   He  received
four Airman Performance Reports, closing 10 February 1969, 11 November
1969, 10 March 1970, and  29  November  1970,  in  which  the  overall
evaluations were 8, 9, 8, and 9 (highest rating 9), respectively.

On 24 February 1970, the applicant  received  disciplinary  punishment
for being drunk and disorderly in station.  The  punishment  consisted
of a suspended reduction in grade to airman, correctional custody  for
7 days and forfeiture of $25.00 of his pay.   The  suspension  of  the
reduction  in  grade  was  vacated  on  7 May  1970   based   on   the
determination  that  the  applicant  left  his  duty  station  without
authority.  He was again promoted to the grade of airman  first  class
on 1 September 1970.

On 29 June 1971, the commander notified  the  applicant  that  he  was
recommending a general discharge for character and behavior  disorder.
Reasons for this action:  Applicant  received  nonjudicial  punishment
under Article 15 on 8 March  1971  for  using  disrespectful  language
toward a superior NCO  and  punishment  was  forfeiture  of  $25;  and
Article 15, 15 June  1971,  for  failure  to  repair,  punishment  was
reduction to airman and forfeiture of $30.  He received  four  records
of counseling:  On 12 February 1971 for failure to repair, 3  May  and
17 May 1971, for failure to maintain proper personal  appearance;  and
13 May 1971, for failure to obey a lawful order.  On 23 June 1971,  an
Air  Force  psychiatrist  evaluated  the  applicant  and  rendered   a
diagnosis of character and behavior disorder, specifically, a passive-
aggressive personality.

An evaluation officer was appointed to review the case  and  interview
the applicant.  Upon review and  personal  interview,  the  evaluation
officer  concurred  with  the  commander  and  recommended  a  general
discharge.  Probation and rehabilitation (P&R) were  not  recommended.
On 30 July 1971, the applicant signed a statement declining to  submit
statements in his behalf.  The base legal office reviewed the case and
found it legally sufficient to support the discharge.   The  Discharge
Authority approved the discharge  on  6  August  1971  and  ordered  a
general discharge without P&R.

The applicant was discharged with a general under honorable conditions
discharge on 17 August 1971.  He was credited with 3 years,  4  months
and 8 days of active duty, of which 1 year and 7 months was foreign or
Southeast Asia (SEA) service.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  Additionally, the discharge was within the discretion  of
the  discharge  authority.   Therefore,  they  recommend   denial   of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that the copy of the letter indicated  “applicant
declined to submit statements on his behalf,” the reason is he was not
there.  Also his rank was not downgraded at his last post of  Saratoga
AFS, NY.

He states that the records are inaccurate, no wonder he couldn’t get a
government job all these years.  Whoever did this to him had a  grudge
against him.  As he remembers now, the NCOs did not like  him  because
he would not join or socialize with them in the NCO  Club  with  their
daily drinking.  There are also other issues of  this  NCO.   When  he
reported to his station, he found he was working for civilian employee
of very much experience and never saw one military person in that shop
at any time.  If there was to be someone of rank the only  place  they
were seen was in the club.

His 30+ years of a clean record  and  perfect  credit  history  should
stand for something.  Also, his work history and his  approval  record
should stand for something.  He served his country  3  plus  years  in
Korea during the USS Pueblo incident in 1970.  Have been  a  VA  State
Inspector for 25 years, and ASE certified for 12 years.

Applicant's complete response is attached at Exhibit F.

_________________________________________________________________

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.  There is no  indication  in  the
available evidence which would lead us to believe that the applicant’s
discharge was contrary to the provisions of the  governing  regulation
under which it was effected or that it was unjust.  Other than his own
assertions, the applicant has not provided no  evidence  showing  that
the information in his discharge case file  was  erroneous,  that  his
substantial rights were violated, that  his  commanders  abused  their
discretionary authority,  or  that  his  service  warranted  a  better
characterization than the one he received.  In  the  absence  of  such
evidence, we have 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  in
Executive Session on 2 April 2003, under the  provisions  of  AFI  36-
2603:

                 Mr. Edward C. Koenig, III, Panel Chair
                 Mr. Thomas J. Topolski, Jr., Member
                 Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Jan 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 18 Feb 03.
      Exhibit E. Letter, AFBCMR, dated 21 Feb 03.




                             EDWARD C. KOENIG, III
                             Panel Chair



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