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AF | BCMR | CY2002 | 0103653
Original file (0103653.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-03653
            INDEX NUMBER:  100.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

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.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided an Investigative Report that is attached at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application and  recommended  denial.   A  complete
copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the  evaluation  and  provided  a  response  that  is
attached at Exhibit E.

_________________________________________________________________




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  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  his  separation  and  he  was
afforded all the rights to which entitled.  The applicant  has  provided  no
evidence to indicate that his separation was  inappropriate.  Therefore,  in
view of the above, and in the absence of evidence to the contrary,  we  find
no compelling basis to recommend granting the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant's overall quality of service, the events  which  precipitated  the
discharge, and available evidence related  to  his  post-service  activities
and accomplishments.  We do not believe that clemency is warranted  at  this
time.

_________________________________________________________________

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  01-03653  in
Executive Session on 16 April 2002, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. George Franklin, Member
                       Mrs. Carolyn J. Watkins, Member





The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Jan 02.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Feb 02.
    Exhibit E.  Letter, Applicant, undated.
    Exhibit F.  Investigative Report, FBI.
    Exhibit G.  Letter, AFBCMR, dated 19 Mar 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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