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AF | BCMR | CY2003 | BC-2003-00957
Original file (BC-2003-00957.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00957
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general, under honorable  conditions,  discharge  be  upgraded  to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

While he does not  argue  the  fact  that  he  deserved  the  type  of
discharge he received, he does contend that he was grossly immature at
the time, an alcoholic (sober for the past 13 years), and that he  has
turned his life around.  He offers the  fact  that  he  has  earned  2
Master’s degrees and a Bachelor’s degree.  He regrets that he was  not
a good and model member of the service and for not making it a career.
 He is concerned that the discharge may  preclude  certain  employment
considerations.

In support of his appeal, the applicant has provided copies  of  three
college diplomas.  His appeal, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 July  1971.   He
was progressively promoted to the grade of Airman First Class  (A1C/E-
3) with an effective and date of rank of 7 June 1972.

On 7 December 1972, applicant received an Article 15 for being  Absent
Without Leave (AWOL) from 27 November 1972 to 3 December 1972.  He was
reduced in grade to Airman (AMN/E-2), suspended unless sooner vacated,
until 1 March 1973 and was fined $75 per month  for  two  months.   He
received another Article 15 on 10 April 1973 for failure  to  maintain
suitable military appearance.  He was punished  by  being  reduced  in
grade to Amn and fined $50 per month for  two  months.   It  was  also
noted by his supervisor that he failed to report for duty on  time  on
several occasions.

On 13 April 1973 he was notified that his commander  was  recommending
him for discharge under the auspices of Air Force Manual (AFM)  39-12,
Apathy & Defective Attitude –  Unsuitability.   On  10  May  1973,  he
received a general discharge with service  characterization  of  under
honorable conditions.  He had served a total of 1 year, 9 months and 9
days (7 days lost time), and was serving in the grade of  Amn  at  the
time of discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial  noting  that  the  applicant  did  not
identify any  errors  or  injustices  during  the  processing  of  his
discharge.  DPPRS states that the discharge was  consistent  with  the
procedural and substantive requirements of  the  discharge  regulation
and  that  it  was  within  the  sound  discretion  of  the  discharge
authority.

DPPRS’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
18 April 2003 for review and comment within 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 error or injustice.  We find no  impropriety  in  the
characterization  of   applicant's   discharge.    It   appears   that
responsible officials applied appropriate standards in  effecting  the
separation, and we do not  find  persuasive  evidence  that  pertinent
regulations were violated or that applicant was not afforded  all  the
rights to which entitled at  the  time  of  discharge.   We  conclude,
therefore,  that   the   discharge   proceedings   were   proper   and
characterization of the discharge  was  appropriate  to  the  existing
circumstances.

4.     Although  the  applicant  has   provided   some   documentation
concerning  post-service  conduct  in  the  form  of   college   level
graduation diplomas, the Board finds these submissions insufficient to
warrant an upgrade of his discharge on the basis of clemency.   Should
he  provide  statements  from  community  leaders  and   acquaintances
attesting to his good character and reputation and other  evidence  of
successful post-service rehabilitation,  this  Board  will  reconsider
this case based on the new evidence.  We  cannot,  however,  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 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-
2003-00957 in Executive Session on 5 June 2003, under  the  provisions
of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 7 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.




                                   ROBERT S. BOYD
                                   Panel Chair

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