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AF | BCMR | CY2002 | 0200572
Original file (0200572.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00572
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Under  Other  Than  Honorable  Conditions  (UOTHC)  discharge  be
upgraded to honorable.

_________________________________________________________________

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, 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 states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.   Additionally,  the  discharge  was  within   the   sound
discretion of the  discharge  authority.   Therefore,  they  recommend
denial of applicant’s request.  A complete copy of the  evaluation  is
attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  evaluation  and  provides  a
response which is attached at Exhibit E.

_________________________________________________________________

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.    We find no impropriety in the  characterization  of  applicant’s
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  We conclude, therefore,  that  the  discharge  proceedings
were proper and characterization of the discharge was  appropriate  to
the existing circumstances.

4.    The only other  basis  to  warrant  a  recommendation  that  the
discharge be upgraded is on  clemency.   However,  the  applicant  has
failed  to  provide  documentation  pertaining  to  his   post-service
conduct.  Based on the evidence of record,  we  do  not  believe  that
clemency  is  warranted.    However,   if   the   applicant   provides
documentation pertaining  to  his  post-service  activities,  we  will
reconsider his request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  on  16
May 2002, under the provisions of AFI 36-2603:

                 Mr. Jackson Hauslein, Panel Chair
                 Ms. Diane Arnold, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:







   Exhibit A.  DD Form 149, dated 11 Feb 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 12 Mar 02.
   Exhibit D.  Letter, AFBCMR, dated 22 Mar 02.
   Exhibit E.  Applicant's response, undated.




                                   JACKSON HAUSLEIN
                                   Panel Chair

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