RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-00030
                                             INDEX CODE:  110.02
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

His undesirable discharge was given in error and he would like  to  have  it
changed to an honorable discharge.   He  asks  the  Board  to  consider  the
hardships he was  experiencing  before  he  was  discharged,  such  as,  his
mother’s battle with cancer, marital problems, and drug and  alcohol  abuse.
Because of  these  hardships,  he  had  no  choice  but  to  request  he  be
discharged.   However,  he  now  believes  he  would  have  handled   things
differently, and stayed in the military for 20 years at the  advice  of  his
superiors.  He made the wrong choice, and is now experiencing more  hardship
in his life.  He is in desperate need of medical  attention,  and  emergency
surgery.  He served his country to the best of his ability,  and  should  be
able to receive the medical attention he deserves.

In  support  of  his  request,  the  applicant  has  submitted  a   personal
statement.  The applicant’s complete  submission,  with  attachment,  is  at
Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

On 16 October 1970, the applicant enlisted in the Regular Air Force  at  the
age of 19 in the grade of airman basic for a period of four years.   He  was
progressively promoted to the grade of airman first class  (E-2),  effective
and with a date of rank of 1 May 1971.  He received two  Airman  Performance
Reports (APRs) closing 1  June  1971,  and  1  December  1971  in  which  he
received an overall rating of “8” and “6,” respectively.

On 29 November 1971, nonjudicial punishment was  imposed  on  the  applicant
under Article 15, UCMJ for failure to go  at  the  time  prescribed  to  his
appointed place of duty on 19 November 1971.   He  was  ordered  to  forfeit
$25.00.  On 11 January 1972,  nonjudicial  punishment  was  imposed  on  him
under Article 15, UCMJ for failure to go  at  the  time  prescribed  to  his
appointed place of duty on 23 December 1971.   He  was  ordered  to  forfeit
$50.00 per month for two months and received a suspended reduction in  grade
to airman.  The applicant received  a  third  Article  15  punishment  on  4
February 1972 for being absent without leave (AWOL)  from  31  January  1972
until 3 February 1972.  Punishment consisted of  a  reduction  in  grade  to
airman and 30 days of correctional custody.

On 22 March 1972, court-martial charges were referred against the  applicant
based on allegations that he  wrongfully  possessed  lysergic  acid  diethyl
amide (LSD), wrongfully introduced LSD onto an Air Force  installation,  and
wrongfully had in his possession 10.18 grams  of  marijuana  retrieved  from
his car, parked in the Security Police Impoundment Lot.  A trial by  special
court-martial was recommended.

After consulting military legal counsel, on 11  April  1972,  the  applicant
requested he be discharged from the Air Force under the  provisions  of  AFM
39-12, paragraph  2-78,  for  the  good  of  the  service.   In  his  signed
statement, the applicant indicated he understood the potential  consequences
of his request.  On 17 April 1972, the applicant’s commander  forwarded  the
request to the group commander, recommending  approval  of  the  applicant’s
request  for  discharge.   The  commander  further  recommended   that   the
applicant be issued an Undesirable  Discharge  certificate.   The  discharge
case file was reviewed by the group staff judge advocate on  18  April  1972
and was  found  legally  sufficient.   The  group  commander  forwarded  the
discharge case file for review by the discharge authority on 20  April  1972
with a recommendation that an undesirable discharge  without  the  offer  of
probation and rehabilitation be approved.  The discharge authority  approved
the recommended separation on 4 May 1972, and directed  that  the  applicant
be discharged and issued an Undesirable Discharge certificate.

On 5 May 1972, the applicant  was  discharged  under  other  than  honorable
conditions (UOTHC) in the grade of airman, under the provisions  AFM  39-12,
Separation  for  Unsuitability,  Misconduct,  Resignation,  or  Request  for
Discharge for the Good of the Service and Procedures for the  Rehabilitation
Program.  He had served 1 year, 6 months and 17 days  on  active  duty.   He
had three days of lost time.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an  investigative  report  pertaining  to  the  applicant
(Identification Record No. 37952M1), which is at Exhibit E.
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AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  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.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting an upgrade of  his
discharge.  DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the advisory opinion was forwarded to  the  applicant  for  review
and comment on 13 February 2004.  On 24 February 2004  and  17  March  2004,
the applicant was invited to submit  information  pertaining  to  his  post-
service accomplishments and was provided a copy  of  the  FBI  Investigative
Report for review and comment.  As of this date, this  office  has  received
no response to any of the above correspondence.
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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 probable error or injustice.  After  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
effect  his  undesirable  discharge  were  improper  or  contrary   to   the
provisions of  the  governing  regulations  in  effect  at  the  time.   The
applicant has  provided  no  evidence  indicating  the  information  in  the
discharge case file was erroneous, his substantial rights were violated,  or
that his commanders abused their discretionary authority.  In  addition,  in
view of the contents of the FBI Identification Record, we are not  persuaded
that the characterization of the applicant’s discharge warrants  an  upgrade
to honorable  on  the  basis  of  clemency.   Accordingly,  the  applicant’s
request is not favorably considered.
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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.
________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 May 2004, under the provisions of AFI 36-2603:

                       Mr. John L. Robuck, Panel Chair
                       Ms. Olga M. Crerar, Panel Member
                       Ms. Martha J. Evans, Panel Member

The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-00030.

      Exhibit A.  DD Form 149, dated 17 Dec 03, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFC/DPPRS, dated 9 Feb 03.
      Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04; and,
                   Letters, AFBCMR, dated 24 Feb 04 and 2 Mar 04.
      Exhibit E.  FBI Identification Record No. 37952M1.




      JOHN L. ROBUCK
      Panel Chair