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AF | BCMR | CY2003 | BC-2002-02302
Original file (BC-2002-02302.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02302

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The characterization of his discharge be upgraded from general  (under
honorable conditions)  to  honorable  and  the  narrative  reason  for
separation and reentry (RE) code be changed to allow him to serve  his
country once again.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He appealed his discharge and received the  Discharge  Review  Board’s
findings on  21  Apr  99.   He  served  his  country  with  honor  and
integrity.  He sincerely believes  that  the  Air  Force  should  have
punished and then retained him.

In support of the  appeal,  applicant  submits  character  statements,
letters  of  appreciation  and  commendations,  and  a  copy  of   his
performance appraisal.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 May 82 for  a  period
of 4 years in the grade of airman basic.

On 3 Mar 97, the applicant was charged for violation  of  the  Uniform
Code of Military Justice (UCMJ), Article 92, because on  or  about  25
May 96 to 31 Dec 96, he wrongfully used his government issued American
Express (AMEX) Credit Card for personal use and was also  charged  for
making a false official statement.   He  consulted  his  Area  Defense
Counsel and on 4 Mar 97, requested discharge in lieu of court-martial.
 The Staff Judge Advocate and his commander  recommended  approval  of
the discharge  and  recommended  a  UOTHC.   The  Discharge  Authority
ordered  the  discharge  without  probation  or  rehabilitation.   The
applicant was discharged from the Air Force on 23  Apr  97  under  the
provisions  of  AFI  36-3208,  Administrative  Separation  of   Airmen
(triable by court martial) and received an under other than  honorable
conditions (UOTHC) discharged in the  grade  of  staff  sergeant.   He
served 14 years, 11 months and 19 days of total active serve.

Applicant appealed to the Air Force Discharge Review Board (AFDRB)  to
have his discharge upgraded to honorable.  On 21 April 1999, the AFDRB
upgraded his discharge to general, under honorable conditions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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.   Accordingly,  we  recommend  his  records
remain the same and the request be denied.  He has not filed a  timely
request.

AFPC/DPPRS evaluation is attached at Exhibit C.

AFPC/DPPAE states that based on the review of the applicant’s records,
the RE Code “2B” is correct.   Recommend  denial  of  the  applicant’s
request to change his RE Code.

AFPC/DPPRS evaluation is attached Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 18 October 2002, for review and comment within  30  days.
However, 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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that his  discharge  and  narrative  reason  for  separation
should be upgraded or changed.  Applicant’s contentions and supporting
statements were duly noted; however, we do not find these  assertions,
in and by themselves, sufficiently persuasive to override the evidence
of record.  We agree with the opinions and recommendations of the  Air
Force and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden of having  suffered  either
an error or an injustice.   Therefore, in absence of evidence  to  the
contrary, we find no 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 a 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  02-02302
in Executive Session on 15 January 2003, under the provisions  of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Brenda L. Romine, Member
                 Mr. Billy C. Baxter, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Jul 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 6 Aug 02.
      Exhibit D. Letter, AFPC/DPPAE, dated 10 Oct 02.
      Exhibit E. Letter, SAF/MRBR, dated 18 Oct 02.





      MICHAEL K. GALLOGLY
      Panel Chair

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