RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01999
		INDEX NUMBER:  110.00

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was informed at the time of separation that within six months of his discharge date, he could file for upgrade to an honorable discharge, but has never done so.

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

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STATEMENT OF FACTS:

The applicant entered active duty on 3 Apr 80 in the grade of airman basic.  He was discharged from the Air Force on 27 Aug 81 in the grade of airman for apathy and defective attitude based on the following:

	  a.  Letter of Reprimand (LOR), dated 5 Dec 80, for loitering on post.

	  b.  LOR, dated 11 Dec 80, for dereliction of duty and violation of weapon safety.

	  c.  Letter of Counseling, dated 30 Mar 81, for being 55 minutes late for guardmount.

	  d.  Nonjudicial punishment, dated 27 May 81, for failure to show for scheduled training.

	  e.  Recommendation by his supervisor that he be discharged.

	  f.  Vacation of nonjudicial punishment, dated 9 Jul 81, for failure to go to guardmount at the time prescribed.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends that the applicant’s request be denied.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge process.  He provided no other facts warranting an upgrade of the discharge.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Sep 01 for review and comment within 30 days.  To date, a response has not been received.

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FBI REPORT:

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a Report of Investigation pertaining to applicant.

The complete report is at Exhibit F.

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APPLICANT”S RESPONSE TO FBI REPORT:

A copy of the FBI report was forwarded to the applicant on    23 Oct 01 for review and comment within 30 days.  To date, a response has not been received.

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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 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 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 office 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.  We also note that the FBI report obtained on the applicant was unfavorable and that he failed to provide any other input for the Board’s consideration.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 this application in Executive Session on 19 December 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 01, W/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 29 Aug 01.
    Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
    Exhibit E.  Letter, AFBCMR, dated 23 Oct 01.
    Exhibit F.  FBI Report, undated.