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AF | BCMR | CY2000 | 9903256
Original file (9903256.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03256
            INDEX CODE 110.02  106.00
      XXXXXXXX   COUNSEL:  None

      XXXXXXXX   HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her 1995 general discharge be upgraded to honorable and the  narrative
reason of “Misconduct” be changed to “Convenience of the Government.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force Discharge Review Board (AFDRB) was not responsive to the
issues she raised during her hearing. The  discharge  was  unjust  and
inequitable because it was based on one  isolated  incident.  She  was
harassed for trying to  clear  her  name.  This  led  to  her  nervous
breakdown and the need for lifetime medication.  She is not a liar and
does not want to be stigmatized as such.

Her complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  4  Aug  86.  She
reenlisted for a period of four years on 13 Sep 91, giving her a  date
of separation (DOS) of 12 Sep 95. The overall ratings of her  Enlisted
Performance Reports (EPRs) from the oldest to the most recent were: 9,
9, 9, 4 (new system), 5, 3, 4, 4, 4, and 2.

During the pertinent period in question, the applicant was a  sergeant
serving as a systems analyst at the 4th  Supply  Squadron  at  Seymour
Johnson AFB (SJAFB).

On 16 Oct 92,  the  applicant  was  punished  by  Article  15  with  a
suspended reduction to the grade  of  airman  first  class  (A1C)  and
forfeitures for failing  to  obey  the  lawful  order  of  a  security
policeman and being disorderly on 28 Sep 92 at SJAFB.

The applicant initiated an 11-month extension of her enlistment on  28
Sep 94 for separation at high year tenure (HYT), moving her DOS to  12
Aug 96.

While at Airman Leadership School (ALS), the applicant  was  counseled
for insubordinate conduct. Based on her  negative  behavior,  she  was
released from ALS for disciplinary reasons on 2 Feb 95.

After her husband’s threatened suicide following  a  positive  cocaine
urinalysis and his allegation that he obtained the  cocaine  from  the
applicant’s mother, the commander asked the applicant on 14 Mar 95  if
she would consent  to  a  urinalysis  test  and  she  did  so  without
hesitation.

On  29  Mar  95,  the  applicant  testified  as  a   witness   at   an
administrative discharge board in behalf of an airman first class.

On 31 Mar 95, she was nonrecommended for promotion to  staff  sergeant
as a result of her misconduct and dismissal from ALS.

On 30 May 95, the Enlisted Performance Report (EPR) closing 30 May  95
was referred to the applicant for unacceptable on/off duty conduct and
noncompliance with minimum training requirements.  The overall  rating
was 2. The applicant rebutted the EPR but the indorser agreed with the
rater’s evaluation.

On 12 Jun 95, the applicant filed a complaint with the 4th Wing IG  at
SJAFB, alleging harassment and unfair treatment  by  upper  management
within the 4th Supply Squadron.  In a  letter  dated  22 Jun  95,  the
SJAFB IG advised the applicant that her dismissal from a  professional
military  education  school  due  to  misconduct  was  legal  and   no
harassment was found. Further, the IG indicated that she made a  false
statement  to  him  regarding  the  alleged  unavailability   of   her
commander.

In Jul 95 the applicant  requested  that  her  11-month  extension  be
cancelled so that she could separate on 12 Sep  95.  Her  request  for
cancellation was denied on 21 Aug 95.

On 22 Aug 95, she was reduced from sergeant to A1C by Article  15  for
making a false official statement to  the  SJAFB  IG  with  intent  to
deceive. Her area  defense  counsel  (ADC)  requested  reconsideration
since the applicant only accepted the Article 15 because she had  been
told her extension had been cancelled and she was separating on 12 Sep
95. The applicant’s appeal was denied on 28 Aug 95.

On 28 Aug 95, the applicant sent a letter to the Department of Defense
(DOD)  Hotline  alleging  racial   harassment,   discrimination,   and
violations of privacy and constitutional rights.

Also on 28 Aug 95, the applicant requested separation effective 12 Sep
95 for miscellaneous reasons; however, her request was disapproved.

On 29 Aug 95, she was notified of her commander’s intent to  recommend
discharge from the Air  Force  for  misconduct,  specifically  conduct
prejudicial to good order and discipline. The reasons cited  were  the
two Article 15s and her removal from ALS.

On 7 Sep  95,  the  applicant  offered  a  conditional  waiver  of  an
administrative discharge board hearing contingent on her receipt of no
less than an honorable discharge.  On  the  same  day,  her  commander
recommended her  waiver  be  rejected  and  she  be  given  a  general
discharge for misconduct.  Her waiver was rejected on 12 Sep 95.  On 2
Oct 95, she waived her rights to a hearing  before  an  administrative
discharge board.  Her case was found legally sufficient on 19  Oct  95
with a recommendation of a general  discharge  without  probation  and
rehabilitation.

The applicant was discharged for misconduct in the grade of A1C on  26
Oct 95 with a general discharge. She had 9 years, 2 months and 23 days
of active service.

In a letter dated 11 Dec 95, SAF/IGQ directed HQ ACC/IGQ to conduct  a
DOD  1034  (whistleblower)  reprisal  inquiry  into  the   applicant’s
allegations of reprisal for testifying at an administrative  discharge
hearing in Mar 95 and for making an IG complaint.  A 14 Feb 96  Report
of  Inquiry  (ROI)  investigating  the  allegations   of   retaliation
concluded that reprisal did not occur. A 26 Jun 96 Addendum to the ROI
also  concluded  that  no  reprisal  occurred  with  regard   to   the
applicant’s visit and statement to  the  SJAFB  IG.  [IG  reports  are
routinely kept for only two years; therefore, the  unredacted  reports
are no longer available.   While  the  two  ROIs  in  the  applicant’s
records are masked in certain areas, the findings were not masked.]

The DOD IG advised the applicant’s Congressional Representative  in  a
letter dated 21 Nov 96 that the allegations were unsubstantiated.  The
DOD IG concluded that as the result of a pattern of misconduct by  the
applicant, discharge actions were initiated; therefore, there  was  an
independent basis for the personnel actions taken  against  her  apart
from her whistleblowing  activities.  The  DOD  IG  also  advised  the
applicant in a letter dated  22  Nov  96  that  her  allegations  were
unsubstantiated and that they concurred with the ROI findings.

On 25 Feb 99, the applicant filed an application with the AFDRB for an
honorable discharge and  different  narrative  reason  for  discharge.
After a personal hearing, the AFDRB denied her requests on 29 Jun 99.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management Specialist, HQ AFPC/DPPRS,  reviewed
this appeal and provides his rationale for recommending denial.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a copy of her  conversation  with  the  Seymour
Johnson AFB (SJAFB) Inspector General (IG) on 13 Jun 95. She  did  not
lie and did not intend to mislead anyone.

A complete copy  of  applicant’s  response,  with  attachment,  is  at
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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  After  a  thorough  and
careful examination of all the materials pertaining to this appeal, we
are not persuaded that the characterization of  and  narrative  reason
for the applicant’s discharge should be changed. In this  regard,  the
applicant’s submission does not provide  convincing  documentation  to
overcome the evidence of record and the Air Force and DOD IG findings.
Further, she  has  not  substantiated  her  assertions  that  she  was
harassed  and  discriminated  against  or  unfairly  punished  for  an
isolated incident. On the contrary, the available evidence appears  to
indicate she had a history of inappropriate conduct. The first Article
15 and her dismissal from  ALS  arose  from  her  own  disorderly  and
unprofessional behavior.   The  dismissal,  and  the  bases  for  that
dismissal,  support  the  nonrecommendation  for  promotion  and   the
referral EPR.  The second Article 15 was clearly  intended  to  punish
her for making a false statement to a senior officer, not for making a
complaint to the IG.  Thus she has failed to persuade this Board  that
the unfavorable actions taken against her were made  in  reprisal  for
her testimony at an administrative discharge hearing, her IG complaint
or any other protected disclosure. Since she  has  not  sustained  her
burden of having suffered either an error or an injustice, we find  no
compelling basis to recommend granting the relief sought.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the  request  for  a  hearing  is  not  favorably
considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 June 2000 under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Patrick R. Wheeler, Member
                 Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Dec 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 10 Feb 00.
   Exhibit D.  Letter, SAF/MIBR, dated 25 Feb 00.
   Exhibit E.  Letter, Applicant, dated 9 Mar 00, w/atch.




                                   RICHARD A. PETERSON
                                   Panel Chair

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