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AF | BCMR | CY2003 | 0203188
Original file (0203188.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03188
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable discharge be upgraded to general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The characterization of his discharge is not an error and  understands  that
he wasn’t the best airman in the Air Force.  He has grown quite a bit  since
his discharge and holds a respectful job.  His  wife  and  children  deserve
the best he can give them and this is the reason for wanting to upgrade  his
discharge.

In support of his application, applicant provides a  copy  of  his  AF  Form
973, Request and Authorization for Change of Administrative  Orders  and  AF
Form 100, Request and Authorization for Separation.  His application  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to his discharge are contained in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS reviewed the application and  recommends  denial.   DPPRS  states
that  the  applicant  provided  no  facts  warranting  an  upgrade  of   his
discharge.  Based  upon  the  documentation  on  file,  DPPRS  believes  the
discharge was consistent with procedural  and  substantive  requirements  of
the discharge regulation.

The DPPRS 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  20
December 2002 for review and response within 30  days.   As  of  this  date,
this office has received no response (Exhibit D).

_________________________________________________________________

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 thoroughly  reviewing  the  evidence
of  record,  we  find  no  impropriety  in  the  characterization   of   the
applicant's  discharge.   It  appears  that  responsible  officials  applied
appropriate standards in effecting  the  separation,  and  we  do  not  find
persuasive evidence that pertinent regulations were  violated  or  that  the
member was not afforded all the rights to which entitled at the time of  his
discharge.  The only other basis upon which to upgrade his  discharge  would
be based  on  clemency.   However,  the  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.   Therefore,  based  on  the  available
evidence of record, we find no basis upon which to favorably  consider  this
application.

_________________________________________________________________

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 this application in  Executive
Session on 26 March 2003 under the provisions of AFI 36-2603:

      Mr. Thomas S, Markiewicz, Vice Chair
      Mr. James W. Russell, III, Member
      Mrs. Carolyn J. Watkins-Taylor, Member
The following documentary evidence was for  AFBCMR  Docket  Number  02-03188
considered:

    Exhibit A.  DD Form 149, dated 14 November 2002.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, AFPC/DPPRS, dated 4 December 2002.
    Exhibit D.  Letter, SAF/MRBR, dated 20 December 2002.





                                   THOMAS S. MARKIEWICZ
                                   Vice Chair


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