RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01120
		INDEX CODE:  110.00

	APPLICANT	COUNSEL:  None

	SSN	HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

His discharge should be upgraded because he plead not guilty.  He states he did not use nor distribute drugs while in the Air Force.  At the time of the misconduct he was tested for drug use and the test was negative.  He feels he was used as an example.  If he is guilty of anything it's being with the wrong people.  He served his time and would appreciate consideration for an upgrade to aid in providing for his family.  He has become a productive citizen.  An upgrade of his discharge would change the legacy to his family (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.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that based on the documentation in the applicant's records, they believe that the applicant's discharge was consistent with the procedural and substantive requirements of the discharge regulation and that the discharge was within the sound discretion of discharge authority.  DPPRS further states that the applicant has not submitted any new evidence or identified any errors or injustices that may have occurred during 
his discharge processing.  The applicant has not provided any supporting documentation to warrant upgrading his discharge.  DPPRS recommends 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 10 May 2002, 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  error or injustice.  After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded that the discharge he received was in error or unjust.  Applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force 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 02-01120 in Executive Session on July 2, 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 26 Apr 02.
   Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.