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AF | BCMR | CY2002 | 0101999
Original file (0101999.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01999
            INDEX NUMBER:  110.00

      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

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

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was informed at the time of separation that within six months of his
discharge date, he could file for upgrade to  an  honorable  discharge,
but has never done so.

The applicant’s complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 3 Apr 80 in the  grade  of  airman
basic.  He was discharged from the Air Force on 27 Aug 81 in the  grade
of airman for apathy and defective attitude based on the following:

        a.  Letter of Reprimand (LOR), dated 5 Dec 80, for loitering on
post.

        b.  LOR, dated 11 Dec 80, for dereliction of duty and violation
of weapon safety.

        c.  Letter of Counseling, dated 30 Mar 81, for being 55 minutes
late for guardmount.

        d.  Nonjudicial punishment, dated 27 May  81,  for  failure  to
show for scheduled training.

        e.  Recommendation by his supervisor that he be discharged.

        f.  Vacation of nonjudicial punishment, dated  9  Jul  81,  for
failure to go to guardmount at the time prescribed.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends that the  applicant’s  request  be  denied.   The
applicant did not submit any new evidence or  identify  any  errors  or
injustices that occurred in the  discharge  process.   He  provided  no
other facts warranting an upgrade of the discharge.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14
Sep 01 for review and comment within 30 days.  To date, a response  has
not been received.

_______________________________________________________________

FBI REPORT:

Pursuant to the Board’s request, the Federal  Bureau  of  Investigation
(FBI), Clarksburg, WV, provided a Report of Investigation pertaining to
applicant.

The complete report is at Exhibit F.

_______________________________________________________________

APPLICANT”S RESPONSE TO FBI REPORT:

A copy of the FBI report was forwarded to the applicant on    23 Oct 01
for review and comment within 30 days.  To date,  a  response  has  not
been received.

_______________________________________________________________

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 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
office of primary responsibility and adopt their rationale as the basis
for our conclusion that the applicant has not been  the  victim  of  an
error or injustice.  We also note that the FBI report obtained  on  the
applicant was unfavorable and that he failed to provide any other input
for the Board’s consideration.  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  in
Executive Session on 19 December 2001, under the provisions of AFI  36-
2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. E. David Hoard, Member
      Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 01, W/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 29 Aug 01.
    Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
    Exhibit E.  Letter, AFBCMR, dated 23 Oct 01.
    Exhibit F.  FBI Report, undated.





                                   TERRY A. YONKERS
                                   Panel Chair


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