RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02662
		INDEX CODE:  107.01, 110.10
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His general (under honorable conditions) discharge be upgraded to honorable.

2.  His narrative reason for separation be changed.

3.  He be awarded the Small Arms Expert Marksmanship Ribbon (SAEMR)

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APPLICANT CONTENDS THAT:

The type and reason for his discharge is an obstacle to future career endeavors.  Something that happened when he was a "kid" should not tarnish his record or prevent him from pursuing new career opportunities.  He has been a contributing member of society for over 20 years and is proud of his Air Force service and has long given up on the activities that caused his discharge.  

He was awarded the SAEMR during basic training.

In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release of Discharge from Active Duty.  His 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 letters prepared by the appropriate offices of the Air Force at Exhibits C and D.  

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AIR FORCE EVALUATION:

AFPC/DPPPR states that the applicant was informed that there was no indication in his record that he was awarded the SAEMR.  He was asked to provide a copy of his AF Form 522 showing he qualified as Expert on an Air Force firing range.  He has not responded.  The DPPPR evaluation is at Exhibit C.

AFPC/DPPRS recommends denial.  DPPRS states that the applicant was administratively discharged from the Air Force on 25 Apr 84 under the provisions of AFR 39-10 for his failure in the drug abuse rehabilitation program.  The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  The DPPRS evaluation 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 22 Nov 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 that would warrant an upgrade to his characterization of service or change to his reason for separation.  We took notice of the applicant's complete submission in judging the merits of the case; however, after thoroughly reviewing the evidence of record we find no evidence of an error in this case and are not persuaded by his assertions that he has been the victim on an injustice.  With respect to his request that he be awarded the SAEMR, we find no evidence that the applicant completed the requirements for, or that he qualified for award of the SAEMR.  Therefore, 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.  In the absence of persuasive 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 02-00262 in Executive Session on 26 Mar 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Aug 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Nov 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 13 Nov 02.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Nov 02.

                                   
                                   Vice Chair