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AF | BCMR | CY1998 | 9703150
Original file (9703150.doc) Auto-classification: Approved

                                                 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

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