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AF | BCMR | CY2002 | 0202759
Original file (0202759.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02759
            INDEX CODE 110.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1972 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and stupid. He claims he has learned from his mistake. It
was one incident and he served the rest of his time honorably.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air force on 6  Dec  71.  During
the period in question, he was a keypuncher at George AFB, CA. His one
Airman Performance Report (APR) for the period closing 29 Sep  72  has
an overall rating of 6.

He received a Letter of Reprimand (LOR) on 1 Sep 72 for  being  absent
from duty on 23 Aug 72. A 9 Oct  72  performance  memo  indicates  the
applicant’s performance was below standard, his attitude was  negative
and not career minded, and he had written numerous  checks  that  were
returned due to insufficient funds.

On 18 Oct 72, the applicant was notified of his commander’s intent  to
initiate discharge action with a general characterization for  apathy,
defective attitude and  inability  to  expend  effort  constructively.
Related documents refer to  the  applicant’s  involvement  with  civil
authorities and conviction for falsifying statements to obtain credit,
for which he was sentenced to 15 days in the county  jail,  suspended,
and placed on one-year probation.

The applicant was discharged on 31 Oct 72 in the grade of airman first
class with a general characterization. He had 10 months and 25 days of
active service.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided an  investigative  report  which  is
attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS provided their rationale for recommending denial.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluation and the  FBI  Report  were
forwarded to the applicant on 20 Sep 02 and 31 Oct  02,  respectively,
for review and comment within 30 days.  As of this date,  this  office
has received no response.

_________________________________________________________________

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 a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
his general discharge should be upgraded to honorable. The applicant’s
contentions  are  duly  noted;  however,  we   do   not   find   these
uncorroborated  assertions,  in  and   by   themselves,   sufficiently
persuasive to override the evidence of record or the  FBI  report.  In
fact, we note from his address that the applicant was incarcerated  at
a correctional facility when he filed his appeal. As the applicant has
not shown his discharge was not fully supported by his  misconduct  or
that he has become a productive member of society since his separation
from the Air Force, we find no compelling basis to recommend  granting
the relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 17 December 2002 under the provisions of AFI  36-
2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Ms. Barbara J. White-Olson, Member
                 Mr. Charlie E. Williams, Jr., Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02759 was considered:

   Exhibit A.  DD Form 149, dated 23 Aug 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 13 Sep 02.
   Exhibit E.  Letter, SAF/MRBR, dated 20 Sep 02.
   Exhibit F.  Letter, AFBCMR, dated 31 Oct 02.




                                   PEGGY E. GORDON
                                   Panel Chair

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