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AF | BCMR | CY2001 | 0003119
Original file (0003119.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03119
            INDEX CODE:  110.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  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), Washington, D.C., provided an investigative  report  which  is
attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Military  Personnel  Management  Specialist,  Separation  Branch,
AFPC/DPPRS, reviewed the application and  states  that  the  applicant
provided no evidence indicating that he was the victim of an error  or
an injustice.  DPPRS recommends that since the discharge was more than
17 years ago and the applicant had honorable service of  more  than  2
years, and if a check of FBI Report proves  negative,  they  recommend
clemency and upgrading the applicant’s discharge to honorable.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 16 February 2001, for review and response.   As  of  this
date, no response has been received by this office.

A copy of  the FBI  Report  was  forwarded to   the   applicant  on  9
March 2001.  The applicant states he was charged  with  driving  under
the influence in April 1994 and paid  the  penalties  and  fines.   He
further states his road to sobriety started in October 1994  and  with
the grace of God and becoming a member of Alcohol Anonymous  (AA),  he
has been living and working a sober life.  He is active in church  and
the community.  He is married with one child and has devoted his  life
to assisting the elderly and disabled.  His position at  Home  Instead
Senior Care gives him the opportunity to do this work (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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  We find no  impropriety
in the characterization of applicant’s  discharge.   It  appears  that
responsible  officials  applied  appropriate  standards  in  effecting
applicant’s involuntary separation, and  we  do  not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was afforded  all  the  rights  to  which  entitled  at  the  time  of
discharge.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

4.    Further, while the recommendation  of  the  Air  Force  is  duly
noted, based on the misconduct which led to the applicant’s  discharge
and the FBI report containing a current entry for similar  misconduct,
we find insufficient evidence to warrant upgrading  his  discharge  on
the basis of clemency.  In coming to our decision, we  considered  the
applicant’s  overall  quality  of  service  and   the   events   which
precipitated his discharge.   The  applicant  provided  no  documented
evidence of post-service
activities  and  accomplishments.   Therefore,  we  do  not   find   a
compelling basis upon which clemency is warranted in this case.

_________________________________________________________________

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 3 May 2001 under the provisions of AFI 36-2603:

                 Henry Romo, Jr., Panel Chair
                 William H. Anderson, Member
                 John E. B. Smith, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Dec 00, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 8 Jan 01.
   Exhibit E.  Applicant’s response, 14 Mar 01.





                                   HENRY ROMO, JR.
                                   Panel Chair

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