RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00547
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be changed to reflect that he was retired from the Air Force.

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APPLICANT CONTENDS THAT:

He served 21 years and 3 months and he feels that he should have been retired instead of administratively discharged.  Applicant’s complete submission is 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 offices of the Air Force at Exhibits C and D.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed applicant's request and recommends denial.  DPPRS states that he did not submit any new evidence or identify any errors or injustices that occurred in his discharge processing.  He provided no facts warranting an upgrade of his discharge.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPRRP reviewed applicant's request and recommends denial.  DPPRRP states that the applicant, a prior service master sergeant, was discharged on 2 Nov 87 with a UOTHC discharge after serving 20 years, 1 month, and 27 days on active duty.  His commander recommended his discharge for willful misconduct, the nature of which is abhorrent to society and the service.  Because he exceeded 20 years of service, he was entitled to, and requested retirement under the provisions of AFR 35-7, table 2.2, rule 11.  His request was presented as a dual action case to the Secretary of the Air Force Personnel Council (SAF/PC).  The Deputy Assistant Secretary of the Air Force denied his request for retirement and SAF/PC directed his administrative discharge.  No injustices or irregularities occurred in the dual action retirement/discharge processing.  All facts pertaining to his separation case and retirement application were considered by the Personnel Council before the decision was made to execute the discharge.  He has not presented any additional facts other than what was available at his original consideration.  The DPPRRS evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 12 Apr 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, 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.  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 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 02-00547 in Executive Session on 13 Jun 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Aug 01, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 22 Mar 02.
    Exhibit D.  Letter, AFPC/DPPRRP, dated 8 Apr 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02.