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AF | BCMR | CY2001 | 0003228
Original file (0003228.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03228
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

In  light  of  his  situation  at  the  time  of  his  discharge   and   the
recommendation from his  commander,  he  was  not  afforded  sufficient  due
process. The evidence submitted in support of the appeal 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.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military  Personnel  Management  Specialist,  AFPC/DPPRS,  reviewed  the
application states that the applicant did not provide any evidence of  error
in his discharge case.  However, since the discharge occurred over 16  years
ago and considering his otherwise honorable  service,  if  a  check  of  the
Federal Bureau of Investigation  files  proves  negative,  DPPRS  recommends
clemency and the discharge be upgraded to honorable (Exhibit C).

_________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  and  the  Federal  Bureau  of
Investigation reports (Exhibit E) was forwarded to  the  applicant.   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  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
affect  the  applicant’s  discharge  were  improper  or  contrary   to   the
provisions of the governing regulation in effect at the time,  or  that  the
actions taken against the applicant were based on  factors  other  than  his
own  misconduct.   In  addition,  in  view  of  the  contents  of  the   FBI
Identification Record, we are not persuaded  that  the  characterization  of
the applicant’s discharge warrants an upgrade to honorable on the  basis  of
clemency.  Having found no error or injustice with  regard  to  the  actions
that occurred while the applicant was a military member,  we  conclude  that
no basis exits to grant favorable action on his request.

_________________________________________________________________

THE BOARD RECOMMENDS 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 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 1 May 2001, under the provisions of AFI 36-2603:

              Mr. Robert W. Zook, Panel Chair
              Ms. Brenda L. Romine, Member
              Ms. Marcia J. Bachman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 Nov 00, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records
   Exhibit C.  Letter, AFPC/DPPRS, dated 9 Jan 01.
    Exhibit  D.   Letters,  SAF/MIBR,  and  AFBCMR  dated  16  Feb  01   and
                  9 Jan 01.
   Exhibit E.  FBI Report, No, 924888T7 and 81922FAO, dated 15 Feb 01.




                                   ROBERT W. ZOOK
                                   Panel Chair


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