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AF | BCMR | CY2002 | 0201191
Original file (0201191.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01191
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of her separation, she was told that she would  be  eligible  to
upgrade her discharge to honorable after one year.

In support of her request, applicant provided a  copy  of  her  DD  Fm  214,
Certificate  of  Release  or  Discharge  from  Active  Duty.   Her  complete
submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 8 Feb 80.  On 30 Nov 81,  the
applicant was notified by her commander that she was recommending  that  she
be discharged from  the  Air  Force  under  the  provisions  of  AFM  39-12,
paragraph 4-2c.  The specific reasons for this action are on 14 Jan 81,  she
received a letter of counseling for speeding  on  base;  on  2  Mar  81  she
received a letter of reprimand for failing to stop at  a  posted  stop  sign
and not having in her possession a valid drivers license; on 2 Apr  81,  she
received an Article 15 for driving while drunk; on 3 Apr 81 she  received  a
traffic citation for parking in a reserved  spot;  on  3  Jul  81,  she  was
financially irresponsible in that her NCO open  mess  account  was  over  30
days delinquent; on 23 Jul 81, she received an Article 15  for  operating  a
motor vehicle under revocation; on 4 Aug 81 she was diagnosed as  having  an
alcohol problem but made no visible  action  to  rehabilitate  yourself;  on
1 Nov 81, she received a  letter  of  reprimand  for  failure  to  go.   She
acknowledged receipt of  the  notification  on  that  same  date  and  after
consulting counsel, elected to make a presentation to her commander  on  her
own behalf.  Her  case  was  presented  before  an  evaluation  officer  who
recommended that she be  discharged  from  the  Air  Force  and  provided  a
general discharge.  In a review of her discharge case file, the  wing  staff
judge advocate found it legally sufficient and  recommended  discharge.   On
23 Feb 82, the applicant was discharged from the Air Force.   She  served  2
years and 16 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  reviewed  applicant's  request  and  recommends  denial.   DPPRS
states  that  the  discharge  was  consistent  with   the   procedural   and
substantive requirements of the  discharge  regulation.   In  addition,  the
discharge was within the sound discretion of the discharge  authority.   She
did not submit any new evidence or identify any errors  or  injustices  that
occurred  in  her  discharge  processing.   She  provided  no  other   facts
warranting an upgrade of the discharge.  The DPPRS 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
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  that  would  warrant  an  upgrade  of  her
discharge to honorable.  We agree with the  opinion  and  recommendation  of
the Air Force office of primary responsibility and adopt their rationale  as
the basis for our conclusion that she has not been the victim  of  an  error
or injustice.  Evidence has  not  been  provided  which  would  lead  us  to
believe that the action taken to affect her discharge  from  the  Air  Force
was improper or contrary to the provisions of the governing  regulations  at
the time; or, that the characterization of her service was based on  factors
other than her own misconduct.  We considered  upgrading  her  discharge  on
the  basis  of  clemency;  however,  the   applicant   failed   to   provide
documentation pertaining to her post-service activities.   Therefore,  based
on the available evidence of record, we find no compelling basis upon  which
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  02-01191  in
Executive Session on 18 Jul 02, under the provisions of AFI 36-2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 29 Apr 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.




                                             ALBERT F. LOWAS, JR.
                                             Panel Chair

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