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AF | BCMR | CY2002 | 0200327
Original file (0200327.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00327
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be  upgraded  to  general  (under  honorable
conditions).

_________________________________________________________________

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 are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  20
Jun 02 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
applicant's request and the available  evidence  of  record,  we  find
insufficient evidence of error  or  injustice  to  warrant  corrective
action.  The facts and opinions stated in the advisory opinion  appear
to be based on the evidence of record and have not  been  rebutted  by
applicant.  Absent persuasive evidence applicant was denied rights  to
which  entitled,  appropriate  regulations  were  not   followed,   or
appropriate standards were not applied, we find no  basis  to  disturb
the existing record.

_________________________________________________________________

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  in
Executive Session on 30 Jul 02, under the provisions of AFI 36-2603:

      Mr. Edward C. Koenig III, Panel Chair
      Ms. Brenda L. Romine, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 18 Jun 02.
    Exhibit D.  Letter, AFBCMR, dated 20 Jun 02.




                                   EDWARD C. KOENIG III
                                   Panel Chair

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