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AF | BCMR | CY2002 | 0201120
Original file (0201120.doc) Auto-classification: Denied

                            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

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