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AF | BCMR | CY2000 | 0000070
Original file (0000070.doc) Auto-classification: Approved

                            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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