RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02086
		INDEX CODE:  110.00

		COUNSEL:  None

		HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

Her brother's bad conduct discharge be upgraded to under honorable conditions (general) to allow him a burial in a national cemetery.

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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.  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

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AIR FORCE EVALUATION:

The Assistant, NCOIC, Separation Procedures Section, Separations Branch, AFPC/DPPRS, reviewed the application and states that based upon the evidence in the service member's records they believe the discharge was in compliance with the discharge regulations and that the discharge was within the sound discretion of the discharge authority.  Therefore, based on the evidence provided they recommend denying the applicant's request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 14 Sep 01, for review and response.  As of this date, no response has been received by this office. 

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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.  After a thorough review of the evidence of record and the applicant’s submission, the Board agrees with the opinions and recommendations of the Air Force and adopts their rationale as the basis for our conclusion that the service member has not been the victim of an error or injustice.  We have considered the service member's overall quality of service and in view of the numerous instances of misconduct while the service member was on active duty, we do not believe that clemency is warranted.  The applicant presented no documented evidence of the service member's post-service activities and accomplishments.  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 on October 23, 2001, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Aug 01, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPRS, dated 31 Aug 01.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 01.