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AF | BCMR | CY2004 | BC-2003-03961
Original file (BC-2003-03961.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03961
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is not declaring that there was an error in his discharge,  but  he
is requesting an upgrade.  When  he  enlisted  in  1972,  he  had  two
children, a limited education, and the responsibility of  raising  his
family.  He accepted the discharge  for  being  absent  without  leave
(AWOL), but regrets that decision to this date.  He has paid for  this
mistake for 31 years and pleads for an upgrade to his discharge.

In  support  of  his  request,  the  applicant  provides  a   personal
statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered into  the  Air  Force  on  26  April  1973.   On
29 March  1974,  court-martial  charges  were  preferred  against  the
applicant for being AWOL.  The reason for these charges was that on or
about 9 August  1973,  without  authority,  he  was  absent  from  his
organization and remained absent until on or about 25 March 1974.   On
4 April 1974, he submitted a request for discharge for the good of the
service.  He was counseled by the staff judge advocate of  his  rights
and conditions if his request for this type of discharge was approved.
 The base legal office  found  the  case  was  legally  sufficient  to
provide a basis for approving  his  request  for  discharge.   He  was
separated on 19  April  1974,  under  the  provisions  of  AFM  39-12,
Separation for Unsuitability, Misconduct, Resignation, or Request  for
Discharge  for  the  Good  of  the  Service  and  Procedures  for  the
Rehabilitation Program (request for discharge  for  the  good  of  the
service), with  an  under  other  than  honorable  conditions  (UOTHC)
discharge.  He served  four  months  and  five  days  of  active  duty
service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on  file  in
the master personnel records, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.
The applicant did not submit any new evidence or identify  any  errors
or injustices that occurred in the discharge processing.  He  provided
on other 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 6
Feb 04, for review and comment within 30 days.  As of this date,  this
office has received no response.

Applicant was provided with a copy of the FBI report and he  responded
by stating that in 1968, he was in a stolen car, and he knew  the  car
was stolen, however, the owner didn’t press charges.  In 1969, he  and
others were hanging around a bus station and when the guard asked them
to leave they argued with him.  The  police  were  called.  After  the
police arrived his brother raised his hand at the police  officer  but
didn’t strike him.  They were told to leave, but did not and both were
arrested.  He received one-year probation for this incident.

His complete submission is 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 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 and 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-
03961 in Executive Session on 27 April 2004, under the  provisions  of
AFI 36-2603:

                 Mr. James E. Short, Panel Chair
                 Ms. Deborah A. Erickson, Member
                 Ms. Martha A. Maust, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 Nov 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 28 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 6 Feb 04.
      Exhibit E. FBI Response, dated 4 Mar 04.
      Exhibit F. Letter, Applicant, undated.





      JAMES E. SHORT
      Panel Chair

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