RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00945
		INDEX NUMBER:  110.00
	XXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

Block 29 of his DD Form 214, “Dates of Time Lost During This Period,” be corrected to reflect “None.”

His Bad Conduct Discharge (BCD) be upgraded.

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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.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

On 21 Sep 01, the Air Force administratively corrected the applicant’s DD Form 214, deleting the lost time.

On 6 January 2000, the AFBCMR denied a similar appeal from the applicant to upgrade his BCD.  On 16 June 2000, 1 August 2000, and 7 March 2001 the AFBCMR denied requests for reconsideration submitted by the applicant.

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial of the applicant’s request to upgrade his discharge.  A complete copy of the evaluation is at Exhibit C.

AFPC/DPPRS recommends denial of the applicant’s request to upgrade his discharge.  They recommend that his DD Form 214 be corrected in Block 29 to read “None.”

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluations by indicating that he could not tell from the letter sent to him exactly what information was forwarded to the Board and how was he to know what additional evidence to submit.  He also disagrees with the statement in the evaluation done by AFPC/DPPRS that he has not filed a timely request.  He further states that he was missing several pages from the evaluation done by AFLSA.

The applicant concluded by indicating that the BCD he received was excessive, cruel, and unusual and should be overturned.

The applicant was provided a response on 31 Oct 01 that outlined the documents forwarded to the Board and also provided a complete copy of the AFLSA evaluation.

The applicant’s complete submission is at Exhibit F.

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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 probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the primary basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Board notes that the applicant’s DD Form 214 has been administratively corrected by the Air Force to delete the indicated time lost in block 29.  After reviewing the available evidence of record, the Board did not find the applicant’s Bad Conduct Discharge to be in error or unjust.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered Docket Number 01-00945 in Executive Session on 19 March 2002, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 20 Aug 01
                w/atchs.
    Exhibit D.  Memorandum, AFPC/DPPRS, dated 10 Sep 01.
    Exhibit E.  Letter, SAF/MIBR, dated 5 Oct 01.
    Exhibit F.  Letter, Applicant, dated 20 Oct 01.
    Exhibit G.  Letter, AFBCMR, dated 31 Oct 01.

                                   
                                   Panel Chair