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AF | BCMR | CY2002 | 0202217
Original file (0202217.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02217
            INDEX CODE:  110.00

            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.

In support of his request, the applicant submits  an  Application  for
the Review of Discharge or Dismissal from  the  Armed  Forces  of  the
United States (DD Form 293) and a copy of his National  General  Grand
Masonic Congress, Inc.  membership  card.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on  8 Dec
87.

On 25 Mar 91, the applicant received notification that  he  was  being
recommended for discharge for misconduct -  discreditable  involvement
with military or civil authorities.  He received a  general  discharge
on 29 Mar 91 under the provisions of AFR 39-10 (misconduct  -  pattern
of discreditable involvement with military or civil authorities).   He
had completed a total of 3 years, 3 months and 22 days and was serving
in the grade of airman first class (E-3) at the time of discharge.

Applicant's request for upgrade of  his  discharge  to  honorable  was
denied by the Air Force Discharge Review Board (AFDRB) on 20  Aug  91.
A copy of the AFDRB Hearing Record is appended at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.   Based  upon  the
documentation in the file, DPPRS believes the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.  DPPRS stated that 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  an
upgrade of the discharge.

The HQ AFPC/DPPRS evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion  and  indicated  that  the
reason why he stayed in financial difficulty during his overseas  tour
in Germany was because he disliked the food in  the  “chow  hall”  and
would eat off-base all the time, which caused him  to  overextend  his
funds.   He  also  provided  an  explanation  concerning  the   forged
signatures while assigned at Dyess AFB, TX.

The applicant’s complete submission is at Exhibit F.
_________________________________________________________________

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 probable error or injustice.  We thoroughly  reviewed
applicant’s  entire  record  and  the  circumstances  surrounding  the
discharge.  In this respect, we found  no  evidence  that  responsible
officials applied inappropriate standards in effecting the applicant’s
discharge, that pertinent Air Force regulations were violated or  that
the applicant was not afforded all the rights to which entitled at the
time of discharge.  In view  of  the  above  and  in  the  absence  of
evidence that the applicant’s substantial rights were  violated,  that
the information contained in the discharge case file was erroneous, or
that his superiors abused their discretionary authority,  we  are  not
inclined  to  favorably  consider  his  request  for  upgrade  of  his
discharge.
_________________________________________________________________

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  02-02217
in Executive Session on 24 September 2002, under the provisions of AFI
36-2603:

                  Ms. Peggy E. Gordon, Panel Chair
                  Mr. John B. Hennessey, Member
              Mr. Albert J. Starnes, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 Jul 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  AFDRB Hearing Record, dated 20 Aug 91.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 1 Aug 02.
   Exhibit E.  Letter, SAF/MRBR, dated 9 Aug 02.
   Exhibit F.  Letter from Applicant, dated 31 Aug 02.




                                   PEGGY E. GORDON
                                   Panel Chair

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