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AF | BCMR | CY2001 | BC-2001-02086
Original file (BC-2001-02086.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02086
            INDEX CODE:  110.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her brother's bad conduct discharge be  upgraded  to  under  honorable
conditions (general) to allow him a burial in a national cemetery.

_________________________________________________________________

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.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Assistant,  NCOIC,  Separation  Procedures  Section,  Separations
Branch, AFPC/DPPRS, reviewed the application  and  states  that  based
upon the evidence in the service member's  records  they  believe  the
discharge was in compliance with the discharge  regulations  and  that
the discharge  was  within  the  sound  discretion  of  the  discharge
authority.  Therefore, based on the evidence provided  they  recommend
denying the applicant's request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 14 Sep 01, for review and response.  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 the applicant’s submission,  the
Board agrees with the opinions and recommendations of the  Air  Force
and adopts their rationale as the basis for our conclusion  that  the
service member has not been the victim of an error or injustice.   We
have considered the service member's overall quality of  service  and
in view of the numerous instances of  misconduct  while  the  service
member was on active  duty,  we  do  not  believe  that  clemency  is
warranted.  The applicant presented no  documented  evidence  of  the
service  member's  post-service   activities   and   accomplishments.
Therefore, in the absence of evidence to the  contrary,  we  find  no
compelling basis to recommend granting  the  relief  sought  in  this
application.

_________________________________________________________________

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  on
October 23, 2001, under the provisions of AFI 36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Mr. Billy C. Baxter, Member
                 Mr. Mike Novel, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 14 Aug 01, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 31 Aug 01.
      Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 01.



                                        PATRICIA D. VESTAL
                                        Panel Chair

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