RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00522
INDEX NUMBER: 110.02
COUNSEL: NYDVA
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The character of his discharge is too severe. Under the
circumstances, his age, immaturity, and lack of formal education
severely affected his ability to serve.
In support of his appeal, applicant provided his personal statements,
letters of character reference from employers and his pastor. His
complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
Pursuant to the Board's request, the Federal Bureau of Investigation
(FBI), Clarksburg, WV, provided a report of Applicant’s arrest record
(Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, HQ AFPC/DPPRS reviewed this application and
recommended denial. A complete copy of the evaluation is at Exhibit
D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 May 2000 for review and comment within 30 days (Exhibit E). As of
this date, no response has been received by this office.
On 09 August 2000, a copy of the FBI report was forwarded to the
applicant for comment. At that time, the applicant was also invited
to provide additional evidence pertaining to his activities since
leaving the service (Exhibit F). As of this date, no response has
been received by this office.
_________________________________________________________________
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 a thorough review
of the evidence of record and applicant’s submission, we are
unpersuaded that relief should be granted. Applicant’s contentions
are duly noted; however, we do not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force office of primary responsibility. They have
adequately addressed the applicant’s contentions and in view of the
contents of the FBI report, we agree with their opinions and
recommendations. We therefore adopt the rationale expressed as the
basis for our decision that the applicant has failed to sustain his
burden that he has suffered either an error or an injustice. Hence,
we find no compelling basis to recommend granting the relief sought.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 12 October 2000, under the provisions of AFI 36-
2603:
Mr. Patrick R. Wheeler, Panel Chair
Mr. Margaret A. Zook, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 27 Apr 00.
Exhibit E. Letter, SAF/MIBR, dated 19 May 00.
Exhibit F. Letter, AFBCMR, dated 09 Aug 00.
PATRICK R. WHEELER
Panel Chair
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