RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02432
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general (Under  Honorable  Conditions)  discharge  be  changed  to
honorable.

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APPLICANT CONTENDS THAT:

He took advantage of an Air Force (AF) Early Out program at the end of
the Vietnam War.  Senator Goldwater wrote a letter on his  behalf  and
he was subsequently accepted at Arizona State University  pursuant  to
USAF directives, and, he was told that his general discharge would  be
changed to honorable.  He would like to take advantage of all benefits
accorded to an honorably discharged veteran of the Vietnam era.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and copies of DD Form 293, Application  for  the  Review  of
Discharge or Dismissal from the Armed Forces of the United States, the
DD Form 214, Report  of  Separation  from  Active  Duty,  his  general
discharge certificate and a letter of support  from  the  Veterans  of
Foreign Wars (VFW).

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  14
July 1972.  He attained the grade of Airman First Class (A1C/E-3).  He
received a letter of Reprimand (LOR) on 30 August 1973 for failing  to
obey the orders of his superior.  On or about 1 November 1973, he  was
found with a tablet of methaqualone  and  received  another  LOR.   He
received an LOR on 24 April 1974 after an inspection of his  dormitory
room was found to be in violation of base  fire  regulations.   On  20
January 1975, he received a LOR after an inspection of his  room  that
found it to be in complete disarray.  On 20 March 1975, he received  a
LOR for smoking marijuana while performing Charge  of  Quarters  duty.
He received an Article 15 on  4  June  1975  for  using  disrespectful
language against a non-commissioned officer and was fined $50.  He was
notified on 4 August 1975 that he was being recommended for  discharge
in accordance with Air Force Regulation  (AFR)  39-12,  Unsuitability-
Apathy,  Defective   Attitude   and   Inability   to   Expend   Effort
Constructively.  He was evaluated on  13  August  1975  whereupon  the
evaluating officer recommended the applicant be discharged immediately
and that he be furnished a general discharge  certificate.   Probation
and rehabilitation (P&R) was considered but deemed inappropriate.   He
declined to  submit  statements  on  his  behalf  and  declined  legal
counsel.   The  base  legal  office  found   the   discharge   legally
sufficient.  He was discharged as an Airman Basic (E-1) on  21  August
1975 after serving three years, one month, and eighteen days.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states  that  the  discharge  was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation  and  within  the  discretionary  powers  of  the
discharge  authority.   Additionally,   no   new   evidence   or   any
identification of error or injustice has been presented to  warrant  a
change to the discharge.

DPPRS’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 August 2003 for review and comment within  30  days.   As  of  this
date, no response has been received by this office.

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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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertions regarding the AF  offering  him  an
early out as part of a larger reduction in force towards  the  end  of
the Vietnam War, in and  by  themselves,  sufficiently  persuasive  to
override the rationale provided by the Air Force.  It is apparent from
the record that the action taken against the applicant  was  based  on
his  own  misconduct.   Therefore,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary  responsibility  and
adopt the rationale expressed as the basis for our decision  that  the
applicant has failed to sustain his burden of having  suffered  either
an error or injustice; and, in the absence of persuasive  evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-
2003-02432  in  Executive  Session  on  22  October  2003,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Aug 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair