RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02302

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The characterization of his discharge be upgraded from general (under honorable conditions) to honorable and the narrative reason for separation and reentry (RE) code be changed to allow him to serve his country once again.
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APPLICANT CONTENDS THAT:

He appealed his discharge and received the Discharge Review Board’s findings on 21 Apr 99.  He served his country with honor and integrity.  He sincerely believes that the Air Force should have punished and then retained him.

In support of the appeal, applicant submits character statements, letters of appreciation and commendations, and a copy of his performance appraisal.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 May 82 for a period of 4 years in the grade of airman basic.  

On 3 Mar 97, the applicant was charged for violation of the Uniform Code of Military Justice (UCMJ), Article 92, because on or about 25 May 96 to 31 Dec 96, he wrongfully used his government issued American Express (AMEX) Credit Card for personal use and was also charged for making a false official statement.  He consulted his Area Defense Counsel and on 4 Mar 97, requested discharge in lieu of court-martial.  The Staff Judge Advocate and his commander recommended approval of the discharge and recommended a UOTHC.  The Discharge Authority ordered the discharge without probation or rehabilitation.  The applicant was discharged from the Air Force on 23 Apr 97 under the provisions of AFI 36-3208, Administrative Separation of Airmen (triable by court martial) and received an under other than honorable conditions (UOTHC) discharged in the grade of staff sergeant.  He served 14 years, 11 months and 19 days of total active serve.

Applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his discharge upgraded to honorable.  On 21 April 1999, the AFDRB upgraded his discharge to general, under honorable conditions.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.  Accordingly, we recommend his records remain the same and the request be denied.  He has not filed a timely request.

AFPC/DPPRS evaluation is attached at Exhibit C.

AFPC/DPPAE states that based on the review of the applicant’s records, the RE Code “2B” is correct.  Recommend denial of the applicant’s request to change his RE Code.

AFPC/DPPRS evaluation is attached Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 18 October 2002, for review and comment within 30 days.  However, 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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his discharge and narrative reason for separation should be upgraded or changed.  Applicant’s contentions and supporting statements were duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the evidence of record.  We agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice.   Therefore, in absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 02-02302 in Executive Session on 15 January 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 Jul 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 6 Aug 02.
	Exhibit D.	Letter, AFPC/DPPAE, dated 10 Oct 02.
	Exhibit E.	Letter, SAF/MRBR, dated 18 Oct 02.