RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01287
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  17 OCT 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to his alcohol problem, he was discharged from the Air Force.  He takes
full responsibility for his actions, and in  no  way  feel  as  though  his
discharge was undeserved or unwarranted.  He knows the  Air  Force  offered
him a variety of treatment options, but was both too young and immature  to
take advantage of them.

By God’s grace and with deep gratitude, he is able to report  that  he  has
been sober for 17 years.  He is a manager at Cornell Medical University and
has been employed there in various capacities for the last 17 years.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 February 1982, the  applicant  enlisted  in  the  Regular  Air  Force
(RegAF) as an airman basic (AB) for a period of four years.

On 15 July 1983, the applicant was notified of his  commander's  intent  to
recommend him for discharge for a  pattern  of  misconduct.   The  specific
reasons for the discharge action are listed below:

      a.    On 8 March 1983, the applicant received a letter  of  reprimand
(LOR) for operating a motor vehicle in a reckless manner.

      b.    On 17 March 1983, the applicant received an LOR for failure  to
obey a lawful regulation (over purchase of alcoholic beverages).

      c.    On 18 March 1983, the applicant received an LOR for failure  to
go.

      d.    On 3  May  1983,  the  applicant  received  an  LOR  for  being
intoxicated on duty.

      e.    On 16 May 1983, the applicant received an Article 15 for  being
incapacitated for duty.

      f.    On 12 July 1983, the  applicant  received  an  Article  15  for
driving under the influence of alcohol.

The commander stated in his recommendation for discharge the applicant  was
referred to counseling for his odd behavior and alcohol  problem.   He  was
also sent to detox.  Furthermore, the First Sergeant and  Squadron  Section
Commander counseled the applicant regarding his misconduct.

The commander advised the applicant of his right to consult  legal  counsel
and that military legal counsel had been obtained for him;  and  to  submit
statements in his own behalf; or waive the above  rights  after  consulting
with counsel.

On 15 July 1983, the applicant acknowledged  receipt  of  the  notification
letter and on 15 August 1983, he indicated that military counsel  was  made
available to assist him; and after consulting with counsel, he  waived  his
right to submit a statement.

A legal review was conducted in which the staff judge advocate  recommended
the applicant be discharged with an general discharge with no probation and
rehabilitation.

On 31 August 1983, the  discharge  authority  approved  the  discharge  and
directed the applicant be discharged with  an  under  honorable  conditions
(general) discharge with no probation and rehabilitation.

The applicant was discharged on 16 September 1983, in the grade  of  airman
basic with an under honorable conditions (general) discharge, in accordance
with AFR 39-10, Administrative
Separation of Airmen (misconduct - pattern of conduct prejudicial  to  good
order and discipline).  He served 1 year, 6 months and 29  days  of  active
service.

Pursuant to the Board’s  request,  the  Federal  Bureau  of  investigation,
Washington, D.C., indicated on the basis of the data  furnished  they  were
unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  states  the  applicant  has  not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the processing of  his
discharge.  Based upon the documentation  in  the  applicant's  file,  they
believe his discharge was consistent with the  procedural  and  substantive
requirements  of  the  discharge  regulations  of  that  time.   Also,  the
discharge was within the  sound  discretion  of  the  discharge  authority.
Also, he did not provide any facts to warrant an upgrade of his  discharge.
Based  on  the  information  and  evidence  provided  they  recommend   the
applicant's request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  29
April 2005, for review and response.  As of this date, no response has been
received by this office.

The applicant, in response to the request for  post-service  documentation,
has provided documents attesting to his character  since  leaving  military
service (Exhibit G).

_________________________________________________________________

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.  After a thorough review of the evidence of record we see no evidence  to
show that the applicant’s discharge was erroneous or  unjust.   No  evidence
has been presented which would lead us to
believe his discharge was improper or contrary to the directive under  which
it was effected.  However, we recognize the adverse impact of the  discharge
the applicant received; and while it may have been appropriate at the  time,
we believe it would be an injustice for the applicant to continue to  suffer
its effects.  Nevertheless, in view of the applicant’s  apparent  successful
transition to civilian life, as evidenced by the post-service  documentation
he has provided, we are  of  the  opinion  that  upgrading  the  applicant’s
discharge  to  honorable,  based  on   clemency,   would   be   appropriate.
Accordingly, we recommend that  his  records  be  corrected  to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be  corrected  to  show  that  on  16 September  1983,  he  was
honorably discharged and furnished an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2005-
01287 in Executive Session on 16 June 2005 under the provisions of AFI  36-
2603:

                 Ms. Martha J. Evans, Panel Chair
                 Ms. Alan A. Blomgren, Member
                 Mr. Jay H. Jordan, Member

All members voted to correct the records, as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 27 Apr 05.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Apr 05.
    Exhibit F.  Letter, AFBCMR, dated 11 May 05, w/atch.
    Exhibit G.  Letter, Applicant’s Response, 27 May 05, w/atchs.




                                   MARTHA J. EVANS
                                   Panel Chair






AFBCMR BC-2005-01287





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to        , be corrected to show that on 16 September
1983, he was honorably discharged and furnished an honorable
discharge certificate.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency