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AF | BCMR | CY2002 | 0100945
Original file (0100945.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00945
            INDEX NUMBER:  110.00
      xxxxxxxxxxxxxxxx COUNSEL:  None

      xxx-xx-xxxx      HEARING DESIRED:  Yes

___________________________________________________________________

APPLICANT REQUESTS THAT:

Block 29 of his DD Form  214,  “Dates  of  Time  Lost  During  This
Period,” be corrected to reflect “None.”

His Bad Conduct Discharge (BCD) be upgraded.

___________________________________________________________________

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 at Exhibit C.

On  21  Sep  01,  the  Air  Force  administratively  corrected  the
applicant’s DD Form 214, deleting the lost time.

On 6 January 2000, the AFBCMR denied  a  similar  appeal  from  the
applicant to upgrade his BCD.  On 16 June 2000, 1 August 2000,  and
7  March  2001  the  AFBCMR  denied  requests  for  reconsideration
submitted by the applicant.

___________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial of the applicant’s request to  upgrade
his discharge.  A complete copy of the evaluation is at Exhibit C.

AFPC/DPPRS recommends denial of the applicant’s request to  upgrade
his discharge.  They recommend that his DD Form 214 be corrected in
Block 29 to read “None.”

The complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluations by  indicating
that he could not tell from the letter sent  to  him  exactly  what
information was forwarded to the Board and how was he to know  what
additional  evidence  to  submit.   He  also  disagrees  with   the
statement in the evaluation done by  AFPC/DPPRS  that  he  has  not
filed a timely request.  He further  states  that  he  was  missing
several pages from the evaluation done by AFLSA.

The applicant concluded by indicating that the BCD he received  was
excessive, cruel, and unusual and should be overturned.

The applicant was provided a response on 31 Oct  01  that  outlined
the documents forwarded to the Board and also provided  a  complete
copy of the AFLSA evaluation.

The applicant’s complete submission is at Exhibit F.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by  existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate
the existence of probable error or injustice.  We took  notice  of  the
applicant's complete submission in judging  the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air  Force
offices of primary responsibility and  adopt  their  rationale  as  the
primary basis for our conclusion that the applicant has  not  been  the
victim of an error or injustice.  The Board notes that the  applicant’s
DD Form 214 has been administratively corrected by  the  Air  Force  to
delete the indicated time  lost  in  block  29.   After  reviewing  the
available evidence of record, the Board did not  find  the  applicant’s
Bad Conduct Discharge to be in error  or  unjust.   Therefore,  in  the
absence of evidence to the contrary, we find  no  compelling  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has  not  been
shown  that  a  personal  appearance  with  or  without  counsel   will
materially add to our understanding of the issues involved.  Therefore,
the request for a hearing is not favorably considered.

_______________________________________________________________
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 Docket Number 01-00945 in
Executive Session on 19 March 2002, under the  provisions  of  AFI  36-
2603:

      Mr. Frederick R. Beaman, III, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 20 Aug 01
                w/atchs.
    Exhibit D.  Memorandum, AFPC/DPPRS, dated 10 Sep 01.
    Exhibit E.  Letter, SAF/MIBR, dated 5 Oct 01.
    Exhibit F.  Letter, Applicant, dated 20 Oct 01.
    Exhibit G.  Letter, AFBCMR, dated 31 Oct 01.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair

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