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AF | BCMR | CY2002 | 0202173
Original file (0202173.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02173
            INDEX NUMBER:  126.00
      XXXXXXXXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

__________________________________________________________________

APPLICANT REQUESTS THAT:

The Article 15 imposed on him on 27  Aug  93  be  removed  from  his
record.

__________________________________________________________________

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 Exhibit
C.

__________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM  recommends  denial  of  the  applicant’s  request.   The
applicant alleges that, according to the area defense counsel,  “the
Article 15 was written for the wrong charge” and therefore does  not
apply.  The Article 15 specification alleged that on 14 Aug  93  the
applicant absented himself  from  his  unit  without  authority  and
remained absent until on or about 18 Aug 93, in violation of Article
86, UCMJ.  It  is  clear  from  the  evidence  submitted  with  this
application that the applicant in fact violated Article  86  of  the
UCMJ.  Even now, the applicant does not  deny  that  he  was  absent
without authority on those days.

The complete 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
6 Sep 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 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 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 02-02173
in Executive Session on 9 October 2002, under the provisions of  AFI
36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 22 Aug 02.
    Exhibit D.  Letter, SAF/MIBR, dated 6 Sep 02.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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