RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02263
		INDEX NUMBER:  110.00
		COUNSEL:  None

	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Bad Conduct Discharge he received on 1 Apr 54 be upgraded to honorable.

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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.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application and recommended denial.  A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Sep 01 for review and comment within 30 days.  As of this date, this office has received no response.  

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FBI REPORT:

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a Report of Investigation pertaining to applicant.

The complete report is at Exhibit F.

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APPLICANT”S RESPONSE TO FBI REPORT:

A copy of the FBI report was forwarded to the applicant on 2 Jan 02 for review and comment within 30 days.  To date, a response has not been received.

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 probable error or 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 office 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.  The Board notes that the applicant failed to provide any information regarding his post-service activities that would possibly justify clemency in his case.  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 01-02263 in Executive Session on 14 February 2002, under the provisions of AFI 36-2603:

    Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Aug 01.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter,dated.
    Exhibit D.  Letter, SAF/MIBR, dated.