RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02579
		INDEX CODE:  110.00

		COUNSEL:  NONE 

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge.

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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 (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that in the year 1962 the applicant was convicted by the State of Maine for having carnal knowledge of a female child between the ages of 15 and 16 years.  He was sentenced to not less than one, but no more than two years at hard labor.  The applicant was discharged in accordance with AFR 39-22 (Civil Conviction/Confinement) on 19 December 1962 and furnished a UOTHC discharge.  He served 11 years, 6 months, and 19 days total active service.  He served 1 year, 6 months and 19 days of this enlistment.  He had 77 days lost time.

Based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge directives in effect at the time of his discharge.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade of his discharge.  He did not file a timely request.
 
The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 September 2002, a copy of the evaluation was forwarded to the applicant for review and response within thirty (30) days.  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 an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; 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 an error or an 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 AFBCMR Docket Number 02-02579 in Executive Session on 22 October 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 August 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 11 September 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 20 September 2002.