RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00070
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her under other than honorable conditions discharge be upgraded to
under honorable conditions (general).
_________________________________________________________________
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.
_________________________________________________________________
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.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided an investigative report which is attached at
Exhibit C. Other than the 1980 charge of desertion from the Air
Force, no other charge is listed.
_________________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, HQ AFPC/DPPRS stated that, on 15 May 80, the
applicant was discharged from the Air Force in the grade of airman (E-
2) under the provisions of AFM 39-12 (Request for Discharge for the
Good of the Service) and received an under other than honorable
conditions discharge. She served a total of 10 months and 6 days of
active duty service at the time of her discharge.
DPPRS indicated that on 1 May 80, the applicant requested discharge
for the good of the service. Her commander recommended approval
because the applicant had been given an Article 15 punishment for a 1
day absent without leave (AWOL) and, in addition, she had departed on
a permanent change of station (PCS) assignment and failed to report to
her new assignment. The applicant had been carried as AWOL for 45 days
and was dropped from the rolls as a deserter. Her commander
recommended she be given an under other than honorable conditions
discharge and, on 12 May 80, the discharge authority approved the
request. DPPRS stated that the applicant did not identify any
specific errors in the discharge processing. However, DPPRS
recommended clemency. A complete copy of the evaluation is at Exhibit
D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 3 Mar
00 for review and response. As of this date, no response has been
received by this office (Exhibit E).
_________________________________________________________________
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 error or injustice. Although no evidence has
been provided to indicate that the applicant’s discharge in 1980 was
improper or contrary to the provisions of the governing regulation
then in effect, we believe it would be an injustice for her to
continue to suffer its effects. In reaching such a conclusion, we may
base our decision on matters of equity and clemency rather than simply
on whether rules and regulations which existed at the time were
followed. Considering the applicant’s age, apparent immaturity and
the circumstances at the time of the incidents, we believe the
continued imposition of the under other than honorable conditions
discharge serves no useful purpose and that, on the basis of clemency,
its stigma should be removed from her records. Accordingly, we
recommend that the applicant’s discharge be upgraded to general, under
honorable conditions.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 15 May 1980, she
was discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 25 May 2000, under the provisions of AFI 36-2603:
Mr. Teddy Houston, Panel Chair
Mr. William H. Anderson, Member
Mr. Steven A. Shaw, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 27 Dec 99, w/atch, and
16 Jan 00.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Identification Record - 978908V4.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 14 Feb 00.
Exhibit E. Letter, SAF/MIBR, dated 3 Mar 00.
TEDDY HOUSTON
Panel Chair
AFBCMR 00-00070
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:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on 15 May 1980,
she was discharged with service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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