RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00161
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature when he joined the Armed Forces. When he was
deemed unsuitable as a law enforcement officer, he was offered the chance
to cross-train. He had no idea the impact a general discharge would have
on his life. For 20 years he has been regretting the decision he made when
he was 19 years of age to not complete his full enlistment.
In support of his request the applicant provides a copy of his Application
for the Review of Discharge or Dismissal From the Armed Forces of the
United States.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 June 1980, the applicant enlisted in the United States Air Force. On
22 October 1982, the applicant was discharged with an under other than
honorable conditions discharge under the provisions of Air Force Regulation
39-21 (Unsuitability-Apathy, Defective Attitude). He served 2 years,
4 months and 10 days of total active service with no time lost.
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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS states that the
applicant did not submit any evidence or identify any errors or injustices
that occurred in his discharge process. Based upon the documentation in
his records, DPPRS believes the discharge was consistent with the
procedural and substantive requirements of the discharge regulation (see
Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1
March 2002 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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 careful consideration of the
applicant’s request and the available evidence of record, we see no
evidence of an error or injustice that would warrant corrective action.
Therefore, 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. The only other basis upon which to upgrade his discharge would
be based on clemency. However, the applicant has failed to provide
documentation pertaining to his post-service activities. Should he provide
documentary evidence pertaining to his post-service activities we would be
willing to reconsider his appeal. 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 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 AFBCMR
Docket Number 02-00161 in Executive Session on 29 May 2002, under the
provisions of AFI 36-2603:
Mr. Philip Sheuerman, Panel Chair
Mr. Billy C. Baxter, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 February 2002 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 26 February 2002.
Exhibit D. Letter, SAF/MRBR, dated 1 March 2002.
PHILIP SHEUERMAN
Panel Chair
He served 3 years, 3 months and 27 days of total active service with no time lost. 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. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...
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