RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00390
            INDEX NUMBER:  110.00

            COUNSEL:  DAV

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be  upgraded  to
honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His mother died during his second tour in Vietnam and this  changed
him all together.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18  Aug  69,  for  a
period of four years in the grade of  airman  basic.   His  highest
grade held was sergeant.

The record reflects the applicant received Article 15 punishment on
15 May 72, for being  absent  without  authority  (AWOL)  from  his
organization on or about (o/a) 9  Apr  72  until  o/a  18  Apr  72;
failing to go at the time prescribed to his appointed place of duty
o/a 18 Apr 72, and going from  his  appointed  place  of  duty  o/a
19 Apr 72.  Punishment imposed consisted of reduction to the  grade
of airman first class, forfeiture of $100, and restriction  to  the
base for 60 days.

On 26 May 72, the squadron commander notified the applicant that he
was  recommending  he  be  discharged  from  the  Air   Force   for
unsuitability based on a mental health evaluation, which  indicated
he had a character and behavior disorder, specifically diagnosed as
a passive-aggressive personality, passive-aggressive type.

On 4 Jun 72, applicant acknowledged he  had  been  interviewed  and
counseled regarding the discharge action and that  he  declined  to
present statements in his own behalf.  On  12  Jun  72,  the  group
Staff Judge Advocate found the  case  file  legally  sufficient  to
support discharge from  the  Air  Force  with  an  under  honorable
conditions (general)  discharge.   On  14  Jun  72,  the  discharge
authority approved the separation and directed that  the  applicant
be  separated  with  an  under   honorable   conditions   (general)
discharge.

Applicant was discharged on 17 Jun 72, in the grade of airman first
class,  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 (unsuitability), and received an under honorable conditions
(general) discharge.  He served on active  duty  for  a  period  of
2 years, 9 months, and 26 days.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided  a  copy  of  an
investigation report, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that 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.   Additionally,  the  applicant  provided  no
evidence or identified any errors or injustices  that  occurred  in
the discharge processing.  He provided no facts warranting a change
to the character of service.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 Apr 04, the AFBCMR offered the  applicant  an  opportunity  to
provide information pertaining to his activities since leaving  the
service.  The applicant responded with the  following:  a  personal
statement, certificates of recognition/training while  in  the  Air
Force  and  subsequent  to  his  discharge,  his   mother’s   death
certificate,  a   letter   from   his   therapist   regarding   his
participation in the Opiate Substitution Program and  a  letter  of
character reference.

In response to the FBI report, applicant stated there were a lot of
ups and downs in his life since his discharge.  However,  he  feels
he served his country with honor.

Applicant’s complete responses are 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 error  or  injustice.   After  careful
consideration of the available evidence, the discharge  appears  to
be in compliance with the governing regulations in  effect  at  the
time and we find no  evidence  to  indicate  that  the  applicant’s
separation from the  Air  Force  was  inappropriate.   We  find  no
evidence of error in this case and after thoroughly  reviewing  the
documentation that has been submitted  in  support  of  applicant’s
appeal, we do not believe he has suffered from  an  injustice.   In
addition,  in  view  of  the  contents  of  the   FBI   Report   of
Investigation, we are not persuaded that  the  characterization  of
the applicant’s discharge warrants an upgrade to honorable  on  the
basis of clemency.  Therefore, based on the available  evidence  of
record, we find no basis  upon  which  to  favorably  consider  his
request.

___________________________________________________________________

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-2004-
00390 in Executive Session on 24 June 2004, under the provisions of
AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated.16 Feb 04
    Exhibit B.  Applicant's Master Personnel Records
    Exhibit C.  FBI Report of Investigation
    Exhibit D.  Letter, AFPC/DPPRS, dated 17 Mar 04
    Exhibit E.  Letter, SAF/MRBR, dated 19 Mar 04
    Exhibit F.  Letter, Applicant, dated 9 Feb 04




                                   LAURENCE M. GRONER
                                   Panel Chair