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AF | BCMR | CY2008 | BC-2002-04027
Original file (BC-2002-04027.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2002-04027
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge is incorrect and he became an alcoholic while he was  in  the
Air Force.  He is a graduate  of  PAR  (Parental  Awarness  Responsibility)
Operation Therapeutic Community

In support of his request, the applicant submits a copy  of  DD  Form  293,
Application for the Review of Discharge from the Armed Forces of the United
States and a letter from the National Personnel Records Center.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  9  June  1969.   On 20  July
1970, he was  notified  by  his  commander  that  he  was  recommending  his
discharge from the Air Force under the provisions of AFR  39-12,  Separation
for Unsuitability, Misconduct, Personal  Abuse  of  Drugs;  Resignation,  or
Request for Discharge for the Good of the Service; and  Procedures  for  the
Rehabilitation Program, Chapter 2, for unfitness.  The specific reasons  for
this action were:

On 7 November 1969, he received an Article 15 for failure to go at the  time
prescribed to his appointed place of duty.

On 12 February 1970,  he  was  convicted  by  a  Special  Court-Martial  for
failure to go at the time prescribed to his appointed place of  duty,  being
absent without authority,  and  failure  to  obey  a  lawful  order  of  his
superior commissioned officer.

The sentence adjudged included confinement a Bad  Conduct  Discharge  (BCD),
confinement at hard labor for six months  and  reduction  to  the  grade  of
airman basic.  The discharge approval authority changed the BCD to a  lesser
punishment of confinement at  hard  labor  for  six  months,  forfeiture  of
$55.00 per month for six months and reduction to the grade of airman basic.

Between 13 May 1970 and 28 June 1970 he  received  several  DD  Form  1569s,
Incident/Complaint Reports for not performing extra duty, failure to  return
from temporary home parole, failure to repair for extra duty,  missing  roll
call  formation  and  for  being  in  an  unauthorized  area   and   wearing
unauthorized civilian clothes.

On 20 July 1970, he was advised  of  his  rights  to  consult  counsel,  and
waived his right to a hearing before an administrative discharge  board  and
declined to submit statements in his own behalf.

On 5 August 1970, he was discharged in  the  grade  of  airman  basic  with
service characterized as dishonorable.

He served a total of 4 months and  19  days  on  active  duty.   (The  days
counted as absent without leave (AWOL) were subtracted from his days  spent
on active duty).

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an Investigative Report. A copy of  the  FBI  report  was
forwarded to the applicant on 26 March 2008 for review  and  comment  within
30 days.  As of this date, this office has  received  no  response  (Exhibit
C).

On 26 March 2008, a request for information pertaining to  his  post-service
activities was forwarded to the applicant for response within  30  days.  As
of this date, this office has received no response (Exhibit D).

________________________________________________________________

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.  The Board finds 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.   The
applicant has not shown the characterization of the discharge  was  contrary
to the provisions of the governing regulation, nor has  it  been  shown  the
nature of  the  discharge  was  unduly  harsh  or  disproportionate  to  the
offenses  committed.   Considered   alone,   we   conclude   the   discharge
proceedings  were  proper  and  characterization  of   the   discharge   was
appropriate to the existing circumstances.

________________________________________________________________

THE BOARD RECOMMENDS:

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 AFBCMR Docket Number  BC-2002-
04027 in Executive Session on 15 May 2008, under the provisions of  AFI  36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
            Ms.  Janet I. Hassan, Member
            Mr. James G. Neighbors

The following documentary evidence pertaining  to  Docket  Number  BC-2002-
04027 was considered:

      Exhibit A.  DD Form 149, dated 7 January 2008, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Investigation Report
      Exhibit D.  Letter, AFBCMR, dated 26 March 2008, w/atch.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


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