RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01120
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded to an under honorable conditions
(general) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should be upgraded because he plead not guilty. He
states he did not use nor distribute drugs while in the Air Force. At
the time of the misconduct he was tested for drug use and the test was
negative. He feels he was used as an example. If he is guilty of
anything it's being with the wrong people. He served his time and
would appreciate consideration for an upgrade to aid in providing for
his family. He has become a productive citizen. An upgrade of his
discharge would change the legacy to his family (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 based on the documentation in the applicant's
records, they believe that the applicant's discharge was consistent
with the procedural and substantive requirements of the discharge
regulation and that the discharge was within the sound discretion of
discharge authority. DPPRS further states that the applicant has not
submitted any new evidence or identified any errors or injustices that
may have occurred during
his discharge processing. The applicant has not provided any
supporting documentation to warrant upgrading his discharge. DPPRS
recommends denying the applicant's request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 10 May 2002, for review and response. 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 careful consideration of
the circumstances of this case and the evidence provided by the
applicant, we are not persuaded that the discharge he received was in
error or unjust. Applicant’s contentions are duly noted; however, we
agree with the opinion and recommendation of the Air Force 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-
01120 in Executive Session on July 2, 2002, under the provisions of
AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Christopher Carey, Member
Mr. John B. Hennessey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 26 Apr 02.
Exhibit D. Letter, SAF/MRBR, dated 10 May 02.
JOSEPH A. ROJ
Panel Chair
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS states the applicant did not provide any new evidence or identify any errors or injustices that occurred in the processing of his discharge. They recommend the request be denied (Exhibit D). _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...
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AF | BCMR | CY2002 | BC-2002-01551
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AF | BCMR | CY2003 | BC-2002-03332
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