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AF | BCMR | CY2002 | 0102878
Original file (0102878.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02878
            INDEX NUMBER:  100.00
            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general discharge and Reenlistment Eligibility (RE) code be upgraded  to
allow her to continue her military service until she is ready to retire.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not adjust to the military because she experienced a rape  while  in
the service.  She should not be barred  from  the  military  and  feels  the
country needs her services.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 9 June 1997, the Air Force Discharge Review Board (AFDRB) considered  and
denied applicant’s request to upgrade her discharge to honorable and  change
the reason for her discharge.

The remaining 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.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation at that  time.   Additionally,  the
discharge was within the sound discretion of  the  discharge  authority  and
the applicant did not submit any new evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing.

A complete copy of the evaluation is at Exhibit C.

AFPC/DPPAE states that the RE code of 2B denotes  that  a  member  has  been
separated with a general  or  under-other-than-honorable-conditions  (UOTHC)
discharge.  Since the applicant was  involuntarily  separated  and  given  a
general characterization of service, the RE code of 2B is correct.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the  applicant  on  14
December 2001 for review and comment within 30 days.  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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of  error  or  injustice.   In  this  respect,  we  note  that  the
applicant’s discharge appears to be in compliance  with  the  governing  Air
Force Regulation in effect at the time of her separation and  that  she  was
afforded all the rights to which entitled.  The applicant  states  that  the
behavior leading to her discharge was the result of a rape  she  experienced
while in the service; however, she has  provided  insufficient  evidence  to
support this contention.  Furthermore, she provides  no  evidence  that  her
separation for a pattern of  numerous  minor  disciplinary  infractions  was
inappropriate.  There being insufficient evidence to the contrary,  we  find
no compelling basis to recommend granting the relief sought.

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 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  01-02878  in
Executive Session on 16 May 2002, under the provisions of AFI 36-2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Ms. Diana Arnold, Member
                  Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Oct 01, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 27 Nov 01.
      Exhibit D.  Letter, AFPC/DPPAE, dated 7 Dec 01.
      Exhibit E.  Letter, SAF/MRBR, dated 14 Dec 01.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair

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