RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01347
		INDEX NUMBER:  126.04
	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Article 15 punishment imposed 30 Oct 01 be set aside.

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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 found at Exhibits C and D.

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AIR FORCE EVALUATION:

AFLSA/JAJM reviewed this application in regards to the appropriateness of the Article 15 action and recommended denial of the applicant’s request to set it aside.  A complete copy of the evaluation is at Exhibit C.

AFPC/DPPPWB reviewed this application in regards to the impact of the Article 15 on the applicant’s promotion opportunity.  They defer to the recommendation made by AFLSA/JAJM.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation was forwarded to the applicant on 19 Jun 02 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 timely filed.

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 primary basis for our conclusion that the applicant has not been the victim of an error or injustice.  We note that the applicant contends that a Whistleblower incident took place, but we did not find any evidence in the record that an official Inspector General complaint was filed or any other verification of a Whistleblower incident.  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 Docket Number 02-01347 in Executive Session on 13 September 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 24 May 02.
    Exhibit D.  AFPC/DPPPWB, dated 11 Jul 02.
    Exhibit D.  Letter, SAF/MIBR, dated 19 Jul 02.