RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01205
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be changed
to a dishonorable.
_________________________________________________________________
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 (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. They indicated that the applicant has
asked for his discharge to be listed as dishonorable, which is a worse
characterization than the UOTHC he received. They understand this to
be a request for an upgrade to his discharge.
The Air Force Discharge Review Board (AFDRB) package shows that the
applicant requested a discharge in lieu of trial by court-martial.
During his short period of service, the member blatantly rejected
authority and strongly demonstrated an unwillingness to obey orders
and cooperate with others. Based upon the documentation in the file,
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. The AFDRB denied a recharacterization of the applicant’s
service on 23 November 1982. The applicant did not submit any new
evidence or identify any errors or injustices that occurred in the
discharge processing. He provided no other facts warranting an
upgrade of the discharge.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 May 2002, a copy of the evaluation was forwarded to the
applicant for review and response within thirty (30) days. 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 an error or an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
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 an error or an 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 AFBCMR Docket Number 02-
01205 in Executive Session on 9 July 2002, under the provisions of AFI
36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Michael V. Barbino, Member
Mr. Michael Maglio, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 April 2002.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 26 April 2002.
Exhibit D. Letter, SAF/MRBR, dated 10 May 2002.
VAUGHN E. SCHLUNZ
Panel Chair
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