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AF | BCMR | CY2002 | 0201424
Original file (0201424.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01424
            INDEX NUMBER:  100.00
            COUNSEL:  NONE

            HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded 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
applicant’s military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the discharge was consistent with procedural  and  substantive  requirements
of the discharge regulation.  In addition,  the  discharge  was  within  the
sound discretion of the discharge  authority.   The  applicant  provides  no
facts warranting an upgrade of the discharge.

The AFPC/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 31  May
2002 for review and comment within 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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of  error  or  injustice.   In  this  respect,  we  note  that  the
applicant’s discharge appears to be in compliance  with  the  governing  Air
Force Regulation in effect  at  the  time  of  his  separation  and  he  was
afforded all the rights to which entitled.  The applicant  has  provided  no
evidence to indicate that his  separation  was  inappropriate.  There  being
insufficient evidence to the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant's overall quality of service, the events  which  precipitated  the
discharge,  and  the  absence  of  evidence  related  to  his   post-service
activities  and  accomplishments.   On  balance,  we  do  not  believe  that
clemency is warranted.

_________________________________________________________________

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  02-01424  in
Executive Session on 25 July 2002, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Billy C. Baxter, Member
                       Ms. Carolyn B. Willis, Member




The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 24 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 31 May 02.




                                   RICHARD A. PETERSON
                                   Panel Chair

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