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AF | BCMR | CY2002 | 0200419
Original file (0200419.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-00419
            INDEX CODE 110.03
            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated into the Air Force Reserve.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was deprived of his due process rights  to  respond  to  the  allegations
against him and, therefore, had no right to counsel by lack of notice.

In support of the appeal, the applicant submits a letter  from  his  defense
counsel and  letters  of  recommendation  from  his  former  co-workers  and
squadron career advisor.

Applicant’s 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 letters prepared  by  the
appropriate offices of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFRC/JAJ recommends the application be denied and states, in part, that  the
applicant was notified that he  was  being  recommended  for  discharge  for
fraudulent entry by certified mail to the  same  address  he  lists  on  his
application to the AFBCMR.  Although required by  law  to  be  truthful,  he
failed to disclose his arrest on 9 December 1990  for  DUI,  his  arrest  on
13 April 1991 for aggravated assault, resisting  arrest,  and  eluding,  and
that he had his driver’s license  suspended  from  15  January  1991  to  11
August 1992. The certified mail was signed and received by a person  by  the
name of  L---  P---.   The  applicant  did  not  respond  to  the  discharge
notification within 15 days as required, and his  discharge  was  processed.
While the applicant’s assigned military counsel indicates that he was  never
provided  a  copy  of  the  discharge  notification,  if  he  was  concerned
regarding the status of the  discharge  action,  he  could  have  asked  for
information  as  he  has  requested  of  other  cases  in  the  past.    The
notification was sent to the applicant’s residence and although  signed  for
by someone else, there is an extremely high  likelihood  that  he  did  have
notice of the discharge action as it can be presumed in good faith that  the
individual either gave the notification to him  or  left  it  out  for  him.
Given the fact that he has already demonstrated his propensity  to  lie,  he
has no credibility.  The processing  of  his  discharge  complied  with  all
aspects of the governing Air Force Instruction.  Moreover, he  knew  he  was
being processed for discharge and the final action  was  not  completed  for
almost  seven  months.   Assuming,  arguendo,   that   he   never   received
notification, either he or his counsel could have made an inquiry  into  the
status of the discharge action during that period.

The AFRC/JAJ evaluation is at Exhibit C.

AFRC/DPM recommends the application be denied, stating, in part,  that  they
concur with AFRC/JAJ’s recommendation; however, if relief is  granted,  they
recommend the applicant’s administrative discharge  be  revoked  and  he  be
reinstated into the Reserves.

The AFRC/DPM evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 28 June 2002 for review and response within 30 days.   However,
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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  Applicant’s contentions are duly noted; however,  we  do
not find these assertions, in and by themselves, sufficiently persuasive  to
override the rationale provided by the Air Force.  The  offices  of  primary
responsibility have adequately  addressed  applicant’s  contentions  and  we
agree with their opinions and adopt the rationale  expressed  as  the  basis
for our decision that the applicant has failed to sustain  his  burden  that
he has suffered either  an  error  or  an  injustice.   Hence,  we  find  no
compelling basis to recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  Docket  Number  02-00419  in
Executive Session on 15 August 2002, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Philip Sheuerman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/JAJ, dated 27 Mar 02.
    Exhibit D.  Letter, AFRC/DPM, dated 30 Apr 02.
      Exhibit E.  Letter, SAF/MRBR, dated 28 Jun 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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