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AF | BCMR | CY2002 | 0200547
Original file (0200547.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00547
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge  be  changed  to
reflect that he was retired from the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served 21 years and 3 months and  he  feels  that  he  should  have  been
retired  instead  of  administratively  discharged.   Applicant’s   complete
submission 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 offices of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  reviewed  applicant's  request  and  recommends  denial.   DPPRS
states that he did not submit any new evidence or  identify  any  errors  or
injustices that occurred in his discharge processing.  He provided no  facts
warranting an upgrade of his discharge.  The DPPRS evaluation is at  Exhibit
C.

AFPC/DPPRRP reviewed applicant's  request  and  recommends  denial.   DPPRRP
states that the applicant, a prior service master sergeant,  was  discharged
on 2 Nov 87 with a UOTHC discharge after serving 20 years, 1 month,  and  27
days on active duty.  His commander recommended his  discharge  for  willful
misconduct, the nature of which is abhorrent to  society  and  the  service.
Because he exceeded 20 years of service, he was entitled to,  and  requested
retirement under the provisions of  AFR  35-7,  table  2.2,  rule  11.   His
request was presented as a dual action case to  the  Secretary  of  the  Air
Force Personnel Council (SAF/PC).  The Deputy  Assistant  Secretary  of  the
Air Force  denied  his  request  for  retirement  and  SAF/PC  directed  his
administrative discharge.  No injustices or irregularities occurred  in  the
dual action retirement/discharge processing.  All facts  pertaining  to  his
separation case and retirement application were considered by the  Personnel
Council before the decision was made to execute the discharge.  He  has  not
presented any  additional  facts  other  than  what  was  available  at  his
original consideration.  The DPPRRS  evaluation,  with  attachments,  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  12
Apr 02 for review and comment within 30 days.  As of this date, this  office
has received no response.

_________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  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.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

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  02-00547  in
Executive Session on 13 Jun 02, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Frederick R. Beaman III, Member
      Mr. David C. Van Gasbeck, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Aug 01, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 22 Mar 02.
    Exhibit D.  Letter, AFPC/DPPRRP, dated 8 Apr 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02.




                                   JOHN L. ROBUCK
                                   Panel Chair

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