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AF | BCMR | CY2002 | 0201736
Original file (0201736.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01736
            INDEX CODE:  110.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to a general discharge.

_________________________________________________________________

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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that based on the documentation in  the  applicant's
records, they believe that the applicant's  discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and that the discharge was within the sound  discretion  of
discharge authority.  DPPRS further states that the applicant has  not
submitted any new evidence or identified any errors or injustices that
may have occurred during his discharge processing.  The applicant  has
not provided any supporting documentation  to  warrant  upgrading  his
discharge.  DPPRS recommends denying the applicant's request.



A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 28 June 2002, for review and response.  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 circumstances of this  case  and  the  evidence  provided  by  the
applicant, we are not persuaded that the discharge he received was  in
error or unjust.  Applicant’s contentions are duly noted; 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 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-
01736 in Executive Session on September 4, 2002, under the provisions
of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. Michael K. Gallogly, Member
                  Mr. Philip Sheuerman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 May 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 21 Jun 02.
   Exhibit D.  Letter, SAF/MRBR, dated 28 Jun 02.




                                  THOMAS S. MARKIEWICZ
                                  Vice Chair

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