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AF | BCMR | CY2002 | 0201555
Original file (0201555.doc) Auto-classification: Denied

                     RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01555
            INDEX CODE 110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in the Berlin Airlift in 1948 with a good record.  He also  served
as a military policeman with the 7232nd Air Police Squadron in Germany  with
a good record.  He believes his discharge should  be  changed  to  honorable
because he believes he has earned it.  He  has  worked  hard  all  his  life
since he was discharged.  After 20 years of service,  he  retired  from  the
Denver Public Works in September of 1997 with an honest and clean record.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 Sep  47  for  a  period  of
four years. On 13 Mar 50, he received a Summary Court  Martial  for  failure
to repair and on 29 Sep 50, he received a Special Court  Martial  for  drunk
and disorderly.  On 18 Aug 51, the applicant  was  discharge  from  the  Air
Force under the provisions of AFM 39-12 (unfitness) and received  a  general
(under honorable conditions) discharge.  He served 3 years, 9 months and  19
days of active service.

The Air Force Discharge Review  Board  (AFDRB)  reviewed  and  upgraded  the
applicant's discharge to general on 11 Apr 73.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended  denial.   The  discharge  was  consistent  with  the
procedural and substantive requirements of  the  discharge  regulation.  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 a change in his  discharge.   Accordingly,  they  recommend
his records remain the same and his request be denied.  He did  not  file  a
timely request.

AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 21 Jun 02, 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  careful  consideration  of  the
applicant's request  and  the  available  evidence  of  record,  we  see  no
evidence of an error or injustice  that  would  warrant  corrective  action.
Therefore, 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.  The only other basis upon which to upgrade his  discharge  would
be  based  on  clemency.   However,  applicant   has   failed   to   provide
documentation pertaining to his post-service activities.  Should he  provide
documentary evidence pertaining to his post-service activities we  would  be
willing to  reconsider  his  appeal.   In  the  absence  of  such  evidence,
favorable action is not recommended.

_________________________________________________________________

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  02-01555  in
Executive Session on 20 Aug 02, under the provisions of AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. Michael K. Gallogly, Member
      Mr. John B. Henessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 10 Jun 02.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 02.




                                   OLGA M. CRERAR
                                   Panel Chair

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