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AF | BCMR | CY2002 | 0201347
Original file (0201347.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01347
            INDEX NUMBER:  126.04
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

The Article 15 punishment imposed 30 Oct 01 be set aside.

________________________________________________________________

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 found at Exhibits C and D.

________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM reviewed this application in regards to the  appropriateness
of the Article 15 action and  recommended  denial  of  the  applicant’s
request to set it aside.  A complete  copy  of  the  evaluation  is  at
Exhibit C.

AFPC/DPPPWB reviewed this application in regards to the impact  of  the
Article 15 on the applicant’s promotion opportunity.  They defer to the
recommendation made by AFLSA/JAJM.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation was forwarded to the applicant on 19
Jun 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 timely filed.

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 opinions and recommendations of the Air Force offices of
primary responsibility and adopt their rationale as the  primary  basis
for our conclusion that the applicant has not been  the  victim  of  an
error or injustice.   We  note  that  the  applicant  contends  that  a
Whistleblower incident took place, but we did not find any evidence  in
the record that an official Inspector General complaint  was  filed  or
any other verification of a Whistleblower incident.  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 02-01347 in
Executive Session on 13 September 2002, under the provisions of AFI 36-
2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Mr. John E.B. Smith, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 24 May 02.
    Exhibit D.  AFPC/DPPPWB, dated 11 Jul 02.
    Exhibit D.  Letter, SAF/MIBR, dated 19 Jul 02.


                                   ROSCOE HINTON, JR.
                                   Panel Chair

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