RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01171
            INDEX CODE: 110.00

            COUNSEL:  NONE


            HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  Her discharge be upgraded to honorable.

2.  Her Reenlistment Eligibility (RE) code be changed from 2B to 1.

APPLICANT CONTENDS THAT:

Applicant states that she was under a lot of stress from  her  husband
who beat her and even though being under all that  stress,  she  tried
her best to keep going.  She states that she realizes  that  when  you
are 18 you do make mistakes.  She also states  that  being  discharged
taught her a lesson that she will never forget.

In support  of  the  appeal,  applicant  submits  several  letters  of
recommendation and a letter from her ex-husband regarding the problems
he caused her before her involuntary discharge.

Applicant's complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

On 1 September 1987, the applicant enlisted in the Regular  Air  Force
in the grade of airman basic.

The applicant was notified by her commander on  10  August  1989  that
discharge action had been initiated against her for minor disciplinary
infractions.  The commander indicated the  specific  reasons  for  the
proposed  discharge  were  that  applicant  had  misconduct  such   as
dereliction of duty, four instances of having a  delinquent  NCO  Club
account, disrespect toward a noncommissioned officer, failure  to  go,
and two failures to obey a lawful  order.   In  addition,  applicant’s
record  indicates  she  had  received  Article  15  punishment  during
December 1987 for failure to obey a lawful order by  wrongfully  being
present in the dormitory area designated for the opposite sex  without
prior proper approval.  Through these administrative actions, she  had
ample opportunities to change her negative behavior.   Her  misconduct
was a significant departure from  conduct  expected  of  all  military
members.  She was advised she had a right to consult counsel  and  the
right to submit statements in her own behalf.  She  indicated  counsel
had been made available to her and did submit a  statement  requesting
that she be given an honorable discharge.   On  22  August  1989,  the
discharge authority reviewed the case and approved the  recommendation
for discharge for misconduct and directed the applicant  be  given  an
under honorable conditions (general) discharge.

The applicant, while serving in the grade of airman first  class,  was
discharged from the Air Force on 23 August 1989 under  the  provisions
of AFR 39-10 (Misconduct – Pattern of Minor Disciplinary  Infractions)
with an under honorable conditions (general) discharge.  She served  1
year, 11 months, and 23 days total active service.

The Air Force Discharge Review Board  (AFDRB)  considered  and  denied
applicant’s request for an upgrade in her discharge on     1  February
1995.  The board found  that  neither  evidence  of  record  nor  that
provided by the applicant substantiates  an  inequity  or  impropriety
which would justify a change of discharge.  In accordance with policy,
the applicant was advised of her right to submit an application to the
AFBCMR.

A copy of the Air Force Discharge Review Board Brief  is  attached  at
Exhibit B.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on the basis of the data furnished they were
unable to locate an arrest record (Exhibit C).

AIR FORCE EVALUATION:

The Military Personnel Management Specialist, AFPC/DPPRS, reviewed the
application and states that there  are  no  errors  or  irregularities
causing an injustice to the applicant.  The  discharge  complies  with
directives in effect at  the  time  of  her  discharge.   The  records
indicate the member’s military service was  reviewed  and  appropriate
action was taken.  Therefore, they  recommend  denial  of  applicant’s
request.

A complete copy of the evaluation is attached at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 September 1999, a copy of the Air Force evaluation 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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    We find no impropriety in the  characterization  of  applicant's
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  Considered alone, we conclude  the  discharge  proceedings
were proper and characterization of the discharge was  appropriate  to
the existing circumstances.

4.    Consideration of this Board, however,  is  not  limited  to  the
events which precipitated the  discharge.   We  have  a  Congressional
mandate  which  permits  consideration   of   other   factors;   e.g.,
applicant's background, the overall  quality  of  service,  and  post-
service activities and accomplishments.   Further,  we  may  base  our
decision on matters of inequity and clemency  rather  than  simply  on
whether rules and regulations which existed at the time were followed.
 This is a much broader consideration than officials involved  in  the
discharge were permitted, and our decision in no  way  discredits  the
validity of theirs.

5.  Under our broader mandate and after careful consideration  of  all
the facts and circumstances of applicant's case, we are persuaded that
applicant  has  overcome  the  behavioral  traits  which  led  to  the
contested discharge and has been a productive member of society.  This
is evidenced by her educational achievements and subsequent service in
the Army National Guard.  We  recognize  the  adverse  impact  of  the
discharge applicant received; and, while it may have been  appropriate
at the time, we believe it would be  an  injustice  for  applicant  to
continue to suffer its effects.  Accordingly, we find that an  upgrade
of  the  applicant’s  characterization  of  service  to  honorable  is
warranted as a matter of equity and on the basis of clemency.

6.  Although we  believe  that  the  applicant’s  characterization  of
service should be upgraded to honorable on the basis of  clemency,  we
are not inclined to recommend that her Reenlistment  Eligibility  (RE)
code be changed.  When members are separated from the Air Force,  they
are furnished an RE code predicated upon the quality of their  service
and the circumstances at the time of their separation.  The  applicant
has provided no evidence showing that the assigned RE code is contrary
to the governing regulations in effect at the  time  or  that  it  was
based on erroneous information.  Based on the foregoing,  and  in  the
absence of evidence to the contrary, we find  no  basis  to  recommend
favorable action on the  applicant’s  request  that  her  RE  code  be
changed to a 1.




THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 23 August 1989, she
was  honorably  discharged  and  furnished  an   Honorable   Discharge
Certificate.

The following members of the  Board  considered  this  application  in
Executive Session on 15 February 2000, under the provisions of AFI 36-
2603:

                       Mr. Terry A. Yonkers, Panel Chair
                       Mr. William H. Anderson, Member
                       Mr. Edward H. Parker, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Feb 99, w/atchs.
      Exhibit B. AFDRB Brief, dated 7 Mar 95.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 23 Aug 99.
      Exhibit E. Letter, AFBCMR, dated 10 Sep 99.




                                TERRY A. YONKERS
                                Panel Chair

AFBCMR 99-01171





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 23 August
1989, she was honorably discharged and furnished an Honorable
Discharge Certificate.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency