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AF | BCMR | CY2002 | 0200057
Original file (0200057.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00057
            INDEX CODE 110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He feels that he did not deserve an undesirable discharge.  He had two
courts-martial that led to his discharge and both of them were because
of his drinking.

In support of his application, the applicant submits DD Forms 293  and
214, a letter from Lincoln Police Department, a certificate  from  the
Department of Veterans' Affairs and a personal letter.   His  complete
submission, with attachments, is 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 D.

Pursuant to the Board's request for  information,  the  FBI  indicated
that, on the basis of the  evidence  provided,  they  were  unable  to
locate an arrest record pertaining to the applicant (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  The applicant met a Board of  Officers
on 18 Dec 53 and the Board recommended the member be  discharged  with
an  undesirable  discharge.   The  Discharge  Authority  approved  the
discharge on 2 Feb 54.  The applicant  had  been  sentenced  by  three
previous Summary Courts-Martial, on     20 Feb 52, 13 Mar 52,  and  13
Nov 53, for drunk and disorderly conduct.  He was convicted by Special
Courts-Martial on 23 Jan 53 for threatening  to  unlawfully  strike  a
female.  Punishment included confinement to hard labor, forfeiture  of
pay and restriction to the base.  He also had  two  Articles  15  that
resulted  in  nonjudicial  punishment.   Repeated  counseling  by  his
commander and supervisors failed to elicit satisfactory responses.  He
had 121 days of lost time.  A Discharge Review Board reviewed the case
on 20 Aug 54 and denied upgrade.  The applicant did not submit any new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  He provided no other facts warranting a  change
in his discharge.

Accordingly, DPPRS recommended his records remain  the  same  and  his
request be denied.  He did not file a timely request.

AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 1 March 2002, 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 probable error or injustice.       After  a  thorough
review of the evidence of record and applicant’s  submission,  we  are
not persuaded that his discharge should be upgraded to general  (under
honorable conditions).  We find no impropriety in the characterization
of the applicant's discharge.  It appears that  responsible  officials
applied appropriate standards in effecting the separation, and  we  do
not find persuasive evidence that pertinent regulations were  violated
or that the applicant  was  not  afforded  all  the  rights  to  which
entitled at the time of discharge.  We conclude, therefore,  that  the
discharge  proceedings  were  proper  and  characterization   of   the
discharge was appropriate to the existing circumstances.  The Board is
of the opinion that the documents submitted by the  applicant  do  not
provide any new evidence or identify any  errors  or  injustices  that
occurred  in  the  discharge  processing.   In  the  absence  of  such
evidence, favorable action is not recommended.

_________________________________________________________________


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  02-00057
in Executive Session on 25 April 2002, under the provisions of AFI 36-
2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Jan 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report, dated 29 Mar 02.
      Exhibit D. Letter, AFPC/DPPRS, dated 6 Feb 02.
      Exhibit D. Letter, SAF/MRBR, dated 15 Feb 02.




      JOSEPH A. ROJ
      Panel Chair


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