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AF | BCMR | CY2002 | 0200532
Original file (0200532.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00532
            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:

He was told that he was being made an example of and never was  provided  an
opportunity to make amends for the offense.

The applicant states that he has no police record  and  has  never  received
any Article 15s.  There is nothing in his records  that  indicates  that  he
was a constant troublemaker or  had  disciplinary  problems.   Further,  the
incident was a first time offense.

In support of the appeal, the applicant submits his personal  statement  and
statements from his former supervisors.

The 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 letter  prepared  by  the
appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommends the application be denied and states,  in  part,  that
the applicant’s contentions are without merit and the  application  was  not
filed within the three years provided by statute.  The applicant  was  tried
by general court-martial for larceny and making a false official  statement.
 He pleaded guilty to the offense of wrongfully appropriating  the  Overseas
Housing Allowance (OHA) and making a false statement.  The Air  Force  Court
of Criminal  Appeals  reviewed  the  record  and  reassessed  the  sentence,
finding the  bad  conduct  discharge,  four  months  of  confinement,  total
forfeitures  for  four  months  and  reduction  to  airman   basic   to   be
appropriate.   The  applicant’s  overall  military  record  was  taken  into
account when deciding on an appropriate sentence.   The  sentence  was  well
within the legal limits and the bad conduct  discharge  was  an  appropriate
punishment for the offense committed.

The AFLSA/JAJM evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17  May
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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of  error  or  injustice.   In  this  respect,  we  note  that  the
applicant’s discharge appears to be in compliance  with  the  governing  Air
Force Regulation in effect at the time of his separation  and  that  he  was
afforded all the rights to which entitled.  The applicant  has  provided  no
evidence to indicate that his separation  was  inappropriate.   There  being
insufficient evidence to the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant's overall quality of service, the events  which  precipitated  the
discharge, and available evidence related  to  his  post-service  activities
and accomplishments.  On  balance,  we  do  not  believe  that  clemency  is
warranted.

_________________________________________________________________




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  02-00532  in
Executive Session on 10 October 2002, under the provisions of AFI 36-2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Ms. Diane Arnold, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 22 Apr 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.




                                   JOSEPH A. ROJ

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