RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00161
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was young and immature when he joined the Armed Forces.  When he was deemed unsuitable as a law enforcement officer, he was offered the chance to cross-train.  He had no idea the impact a general discharge would have on his life.  For 20 years he has been regretting the decision he made when he was 19 years of age to not complete his full enlistment. 

In support of his request the applicant provides a copy of his Application for the Review of Discharge or Dismissal From the Armed Forces of the United States. 

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

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STATEMENT OF FACTS:

On 13 June 1980, the applicant enlisted in the United States Air Force.  On 22 October 1982, the applicant was discharged with an under other than honorable conditions discharge under the provisions of Air Force Regulation 39-21 (Unsuitability-Apathy, Defective Attitude).  He served 2 years, 4 months and 10 days of total active service with no time lost.   

The remaining 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. 

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that the applicant did not submit any evidence or identify any errors or injustices that occurred in his discharge process.  Based upon the documentation in his records, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation (see 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 1 March 2002 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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 error or injustice.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence of an error or injustice that would warrant corrective action.  Therefore, 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.  The only other basis upon which to upgrade his discharge would be based on clemency.  However, the applicant has failed to provide documentation pertaining to his post-service activities.  Should he provide documentary evidence pertaining to his post-service activities we would be willing to reconsider his appeal.  In the absence of such evidence, favorable action is not recommended.

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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.

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The following members of the Board considered this application AFBCMR Docket Number 02-00161 in Executive Session on 29 May 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 February 2002 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 26 February 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 1 March 2002.