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AF | BCMR | CY2002 | 0200161
Original file (0200161.doc) Auto-classification: Denied

                            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

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