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AF | BCMR | CY2000 | 0000522
Original file (0000522.doc) Auto-classification: Denied

                       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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