RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02662
INDEX CODE: 107.01, 110.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be upgraded to
honorable.
2. His narrative reason for separation be changed.
3. He be awarded the Small Arms Expert Marksmanship Ribbon (SAEMR)
_________________________________________________________________
APPLICANT CONTENDS THAT:
The type and reason for his discharge is an obstacle to future career
endeavors. Something that happened when he was a "kid" should not tarnish
his record or prevent him from pursuing new career opportunities. He has
been a contributing member of society for over 20 years and is proud of his
Air Force service and has long given up on the activities that caused his
discharge.
He was awarded the SAEMR during basic training.
In support of his request, applicant provided a copy of his DD Form 214,
Certificate of Release of Discharge from Active Duty. His complete
submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letters prepared by the
appropriate offices of the Air Force at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR states that the applicant was informed that there was no
indication in his record that he was awarded the SAEMR. He was asked to
provide a copy of his AF Form 522 showing he qualified as Expert on an Air
Force firing range. He has not responded. The DPPPR evaluation is at
Exhibit C.
AFPC/DPPRS recommends denial. DPPRS states that the applicant was
administratively discharged from the Air Force on 25 Apr 84 under the
provisions of AFR 39-10 for his failure in the drug abuse rehabilitation
program. The discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the discretion of
the discharge authority. The applicant did not submit any new evidence or
identify any errors or injustices that occurred in the discharge
processing. The DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 22
Nov 02 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 that would warrant an upgrade to his
characterization of service or change to his reason for separation. We
took notice of the applicant's complete submission in judging the merits of
the case; however, after thoroughly reviewing the evidence of record we
find no evidence of an error in this case and are not persuaded by his
assertions that he has been the victim on an injustice. With respect to
his request that he be awarded the SAEMR, we find no evidence that the
applicant completed the requirements for, or that he qualified for award of
the SAEMR. Therefore, we agree with the opinions and recommendations of
the Air Force offices 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. In the absence of persuasive 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 02-00262 in
Executive Session on 26 Mar 03, 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 considered:
Exhibit A. DD Form 149, dated 15 Aug 02, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 7 Nov 02.
Exhibit D. Letter, AFPC/DPPRS, dated 13 Nov 02.
Exhibit E. Letter, SAF/MRBR, dated 22 Nov 02.
THOMAS S. MARKIEWICZ
Vice Chair
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