JUL 23 1998
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF DOCKET NUMBER: 97-03150
INDEX CODE 110.00
COUNSEL: None
HEARING DESIRED: No
APPLICANT-REQUESTS THAT:
Her under other than honorable conditions (UOTHC) discharge be upgraded to
honorable.
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 is 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) (Exhibit C). Accordingly, there is
no need to recite these facts in this Record of Proceedings.
AIR FORCE EVALUATION:
The AFDRB denied applicant's request for an upgrade of her discharge to
honorable on 14 October 1997. In accordance with policy, the application
was forwarded to this Board for further consideration.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 October 1997, a copy of the AFDRB Hearing Record was forwarded to the
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice warranting
upgrading of her discharge to general (under honorable conditions).
Applicant's contention that after her court martial conviction was set
aside she was pressured into submitting a Resignation in Lieu of Court
Martial is not substantiated by the evidence of record. It appears that
this decision was made by the applicant after consulting with her defense
counsel. Therefore, we find no evidence to support this allegation.
Nothwithstanding the above, we believe that the applicant's discharge
should be upgraded to one under honorable conditions based on the
mitigating factors. In this respect, we note that the applicant's record
of performance, prior to the incident in question, was outstanding. In
addition, it appears that since her discharge, the applicant has been a
productive member in the civilian community. While this Board finds no
impropriety in the discharge action taken against the applicant, we
believe that based on her prior outstanding service and her adjustment to
civilian life, an upgrade of her discharge to general is warranted. Her
request for an honorable discharge was considered. Based on her overall
record, including the misconduct which led to her court-martial, we do not
believe that a further upgrade of her discharge is appropriate.
THE BOARD RECOMMENDS THAT
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 27 August 1993, she was
discharged with service characterized as general (under honorable
conditions).
The following members of the Board considered this application in
Executive Session on 17 February 1998, under the provisions of AFI 36-
26O3:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Joseph G. Diamond, Member
Ms. Sophie A. Clark, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFDRB Brief, dated 10 Oct 97, w/atchs.
Exhibit D. Letter, AFBCMR, dated 22 Oct 97.
THOMAS S. MARKIEWICZ
Panel Chair
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-03337 INDEX NUMBER:110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her under other than honorable conditions discharge (UOTHC) be upgraded to honorable. _________________________________________________________________ AIR FORCE EVALUATION: On 23 March 2000, the Air Force Discharge Review Board...
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