AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
JUL 0 7
IN THE MATTER OF:
DOCKET NUMBER: 97-03148
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her general discharge be upgraded to honorable so that she will
be eligible to pursue her education under the Montgomery GI Bill.
APPLICANT CONTENDS THAT:
The discharge characterization is not in error, but she fails to
see why her weight, at the time of discharge, should prevent her
from obtaining any further education.
No supporting documentation submitted with applicant's appeal at
Exhibit A .
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the Brief
prepared by the Air Force Discharge Review Board (AFDRB).
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
AIR FORCE EVALUATION:
The Air Force Discharge Review Board (AFDRB) denied applicant's
request on 16 September 1997.
The AFDRB indicated that the
discharge was not only for weight, but also for minor
disciplinary infractions. Had weight been the only reason for
the discharge, the AFDRB may well have upgraded the discharge.
Given the multiple acts of misconduct, however, the AFDRB
determined the general discharge was the appropriate
characterization of applicant's service. The AFDRB concluded
that the discharge was consistent with the procedural and
substantive requirements of the discharge regulation and was
within the discretion of the discharge authority and that the
applicant was provided full administrative due process
(Exhibit C) .
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the decision of the AFDRB was forwarded to the
applicant on 2 2 October 1997 for review and response. As of this
, date, no response has been received by this office (Exhibit D).
1
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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. Sufficient relevant evidence has been presented to
demonstrate the existence of probable injustice. After reviewing
the circumstances of this case, we are of the opinion that, based
on clemency, the applicant's discharge should be upgraded to
honorable. We noted the minor disciplinary infractions; however,
ultimately her discharge was based on her status in the Weight
Management Program.
In view of the minor nature of the
infractions the applicant committed and the stated reason for her
separation, we believe it would be an injustice for her discharge
to be a disqualifying factor for her possible entitlement to
Montgomery GI Bill benefits. We therefore recommend that the
records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that, on 2 November
1990, she was honorably discharged and furnished an honorable
discharge certificate.
The following members of the Board considered this application in
Executive Session on 31 March 1998, under the provisions of AFI
3 6 - 2 6 0 3 :
Mr. Benedict A. Kausal IV, Panel Chair
Ms. Dorothy P. Loeb, Member
Mr. Richard A. Peterson, Member
2
97- 03148
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 April 1997.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFDRB Brief.
Exhibit D. Letter, SAF/MIBR, dated 22 Oct 97.
&t.&&i-
BENEDICT A. KAUSAL IV
Panel Chair
3
97- 03148
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
JUL 0 7 5998
Office of the Assistant Secretary
AFBCMR 97-03 148
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code (70A Stat 116), it is directed that:
discharged and furnished an honorable discharge certificate.
records of the Department of the Air Force relating to
e corrected to show that, on 2 November 1990, she w
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