RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01712
INDEX NUMBER: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests that his under other than honorable conditions
discharge be upgraded to general (under honorable conditions).
Applicant's submission is at Exhibit A.
On 23 March 1998, the Air Force Discharge Review Board (AFDRB) found
that neither evidence of record, nor that provided by the applicant,
substantiated an inequity or impropriety, which would justify a change
in the discharge (see AFDRB Hearing Record at Exhibit C).
Pursuant to the Board's request, the Federal Bureau of Investigation
(FBI), Clarksburg, WV, provided a report of Applicant’s arrest record
(Exhibit D). The appropriate Air Force office evaluated applicant's
request and provided an advisory opinion to the Board recommending the
application be denied (Exhibit E). The advisory opinion was forwarded
to the applicant for review and response, within 30 days (Exhibit F).
The FBI report was forwarded to the applicant for review and response,
within 30 days (Exhibit G). As of this date, no response has been
received by this office.
After careful consideration of applicant's request and the available
evidence of record, we find insufficient evidence of error or
injustice to warrant corrective action. The facts and opinions stated
in the advisory opinion appear to be based on the evidence of record
and have not been rebutted by applicant. Absent persuasive evidence
applicant was denied rights to which entitled, appropriate regulations
were not followed, or appropriate standards were not applied, we find
no basis to disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and will
only be reconsidered upon the presentation of new relevant evidence,
which was not available at the time the application was filed.
Members of the Board, Mr. Thomas S. Markiewicz, Ms. Carolyn B. Willis,
and Mr. Philip Sheuerman, considered this application on
13 November 2001 in accordance with the provisions of Air Force
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552.
THOMAS S. MARKIEWICZ
Vice Chair
Exhibits:
A. Applicant's DD Form 149, w/atchs
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
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