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AF | BCMR | CY2002 | 0201337
Original file (0201337.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01337
            INDEX NUMBER:  110.00
      XXXXXXXXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Surviving spouse requests that her  husband’s  discharge  be  upgraded
from dishonorable 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
deceased member’s  military  records,  are  contained  in  the  letter
prepared by the appropriate office of the Air Force found  at  Exhibit
C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM  reviewed  this  application  and  recommended  denial.   A
complete copy of the 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 9
Aug 02 for review and comment within 30 days.  To date, a response has
not been received.

_________________________________________________________________

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.   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
office of primary responsibility 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 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 Docket  Number  02-01337
in Executive Session on 25 September 2002, under the provisions of AFI
36-2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Ms. Diane Arnold, Member
      Mr. E. David Hoard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 May 02, w/atchs.
    Exhibit B.  Deceased member’s Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 29 Jul 02.
    Exhibit D.  Letter, SAF/MIBR, dated, 9 Aug 02.




                                   LAWRENCE R. LEEHY
                                   Panel Chair

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