RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00097
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
honorable due to medical reasons.

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APPLICANT CONTENDS THAT:

He was entered into the  weight  management  program  and  met  his  initial
weight allowance of 186 pounds.  The weight allowance was  lowered,  and  he
was not able to meet the requirement.  He experienced heart attack  symptoms
while participating in a weight  management  physical  training  class.   He
began to drink excessively.  He was diagnosed  with  arterial  blockage  and
received an early discharge from the  service.   He  has  since  experienced
many heart attacks and bypass surgery.

In support of the application, the applicant submits his  application.   The
applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

It appears that the applicant’s military personnel records  are  incomplete.
His  discharge  case  file  is  not  a  matter  of  record.   The  following
information was extracted from his available military personnel records.

On 28 January 1983 the applicant enlisted in the Regular Air  Force  in  the
grade of Staff Sergeant (E-5) for a period of four years.   Based  on  prior
service in the Regular and Reserve components of the  Army,  he  received  a
total active Federal military service date of 23  January  1973  and  a  pay
date of 17 March 1967.

The following is a  resume  of  his  Enlisted  Performance  Reports  (EPRs),
commencing with the report closing 16 June 1983.

            PERIOD ENDING    PROMOTION RECOMMENDATION

            16 June 1983          9
            16 June 1984          9
            16 June 1985          9
            19 Feb  1986          9

The applicant was Absent Without Leave  from  1  July  1986  to  30 December
1986.  He was  placed  in  Military  Confinement  on  31 December  1986  and
released for discharge from the service on 13 March 1987.  In the  meantime,
the  applicant  underwent  a  physical  examination  for  the   purpose   of
separation.  He characterized his health as “OK at  this  time.”   Following
examination and evaluation, he was found qualified for worldwide service.

The applicant was discharged UOTHC on 13 March 1987, by reasons  of  Request
for Discharge in Lieu of Trial by Court-Martial.  He  was  credited  with  a
total of 14 years, 1 month and 21 days of active duty service and  5  years,
10 months and 11 days of prior inactive service.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the BCMR Medical Consultant at Exhibit C.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished.

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AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  opines  that  no  change  in  the  record  is
warranted.  He states the applicant was administratively separated  in  lieu
of trial by court-martial for misconduct.  At the time  of  his  separation,
the applicant had a  variety  of  chronic  medical  problems  that  had  not
interfered with his ability to  perform  his  duties  and  did  not  warrant
referral for evaluation in the disability evaluation system.   Both  service
medical records and the applicant indicate alcohol abuse was  a  problem  at
the time of the misconduct leading to charges  and  referral  for  trial  by
court-martial.  The applicant’s career was cut short by misconduct  and  not
unfitting medical conditions.   The  fact  that  service  connected  medical
conditions may progress in severity in the years  following  discharge  does
not make a member eligible for service disability  benefits.   The  presence
of mild coronary artery disease was not a barrier to moderate  exercise  and
diet for weight loss, did not require specific treatment, and did not  cause
his misconduct.  The  BCMR  Medical  Consultant  concludes  the  action  and
disposition in this case are  proper  and  equitable  reflecting  compliance
with Air Force directives that implement the law.

The BCMR Medical Consultant’s 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  for
review and comment on 7 June 2004.  On  28  July  2004,  the  applicant  was
invited   to   submit   information   pertaining   to    his    post-service
accomplishments.  In response, he  has  submitted  several  support  letters
from his family, pastor, and church parishioners (Exhibit E).

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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.   Evidence  has  not  been  presented  that
would lead us to believe the applicant’s administrative  discharge  in  lieu
of trial by court-martial with a UOTHC was improper.

    a.  The applicant’s assertions  concerning  his  medical  condition  are
noted.  His contentions concerning this issue  were  assessed  by  the  BCMR
Medical  Consultant.   The  applicant  has   provided   no   evidence   that
successfully refutes this assessment or causes us to believe  that,  at  the
time of his separation, he was physically unfit to perform his  duties.   To
the contrary, the evidence of  record  indicates  the  applicant  was  found
qualified for worldwide duty (or  administrative  separation).   This  being
the case, we have no basis to find the applicant should have been  honorably
discharged due to “medical reasons.”

    b.  Although not cited by the applicant as a basis for his request  that
his UOTHC be upgraded as a matter  of  clemency,  we  have  considered  that
aspect of  his  case.   We  have  reviewed  the  post-service  documentation
provided by the applicant in support of  his  appeal  and  do  not  find  it
sufficient to warrant approval of the applicant’s request for an upgrade  of
his discharge.  Generally, for this Board to grant  clemency,  an  applicant
should provide evidence that  he  or  she  has  continued  to  maintain  the
expected standards of good citizenship and that the  applicant  has  been  a
productive member of the community for an extended period of time.   In  the
instant case,  it  has  been  less  than  20  years  since  the  applicant’s
separation.  In view of this fact and due to the limited nature of the post-
service evidence provided, we do not find the  documentation  sufficient  to
warrant  favorable  action  based  on  clemency.   We  would  encourage  the
applicant to continue in his good post-service  behavior  and,  at  a  later
date, if he provides additional, more expansive documentation in support  of
a request for clemency,  the  Board  would  be  willing  to  reconsider  his
request.

    c.  In view of the above, the applicant’s  requests  are  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 probable 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 in  Executive  Session  on  30
September 2004, under the provisions of AFI 36-2603:

      Mr. Edward H. Parker, Panel Chair
      Ms. Deborah A. Erickson, Member
      Ms. Janet I. Hassan, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-00097:

    Exhibit A.  DD Form 149, dated 5 Jan 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Med Consultant dated 20 May 04.
    Exhibit D.  Letters, SAF/MRBR, dated 7 Jun 04 and
                AFBCMR, dated 28 Jul 04.
    Exhibit E.  Character references (five).





                                   EDWARD H. PARKER
                                   Panel Chair