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AF | BCMR | CY2003 | BC-2003-01621
Original file (BC-2003-01621.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01621
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be changed
to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has changed his life, has  paid  his  debt  and  is  an  upstanding
citizen.  He supports his two children and has been arrested only once
(for DUI) since his discharge.

In support of his request, applicant provided a copy of a letter  from
the Department of Veterans Affairs.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 20  July  1982.   On         11
August 1983, he was notified by his commander that he was recommending
he be discharged, under the provisions of AFR 39-10,  for  misconduct.
The basis for the action was on 24 May 1983 he was  convicted  by  the
Common Pleas Court County of Cambria, Commonwealth of Pennsylvania, in
violation of the Controlled Substance, Drug  Device  &  Cosmetic  Act,
State of Pennsylvania and three  counts  of  criminal  conspiracy  and
sentenced to imprisonment for each of the  counts  (not  less  than  8
months nor more than 16 months).  On 29 June 1983, he was convicted of
theft by unlawful taking or disposition and  sentenced  to  two  years
probation and payment of court charges.

After being advised of his rights, member waived  his  rights  to  the
board and to submit statements in his own behalf.  He also waived  his
right to an attorney.  Case was reviewed by the  base  legal  services
and  found  to  be  legally  sufficient.   His  commander  and   legal
authorities recommended acceptance of  the  unconditional  waiver  and
issued a UOTHC discharge.

The discharge authority approved the discharge on 9 September 1983 and
directed a UOTHC discharge without P&R.  He had 264  days  lost  time,
which is non-payable.  He served 1 year, 1 month and 20 days on active
duty.

The Air Force Discharge Review Board denied  the  applicant’s  request
for an upgrade of his discharge on 18 January 1985.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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
an upgrade of his discharge.

The AFPC/DPPRS 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
10 Jun 03, for review and comment within 30 days.  As  of  this  date,
this office has received no response.

_________________________________________________________________

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 an error or injustice to warrant changing  his  UOTHC
discharge   to   honorable.    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.  We also find insufficient evidence  to  warrant  a  recommendation
that the discharge be upgraded on the  basis  of  clemency.   We  have
considered applicant's overall quality of service,  the  events  which
precipitated the discharge.  Based  on  the  evidence  of  record,  we
cannot  conclude  that  clemency  is  warranted.   Applicant  has  not
provided  sufficient  information  of  post-service   activities   and
accomplishments for us to conclude that  applicant  has  overcome  the
behavioral traits,  which  caused  the  discharge.   Should  applicant
provide statements from community leaders and acquaintances  attesting
to applicant's 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 Docket  Number  BC-2003-
01621 in Executive Session on 17 July 2003, under  the  provisions  of
AFI 36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Mr. Clarence D. Long, III, Member
                 Ms. Sharon Seymnour, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 May 03 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 6 Jun 03.
      Exhibit D. Letter, SAF/MRBR, dated 10 Jun 03.





      PATRICIA D. VESTAL
      Panel Chair


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