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AF | BCMR | CY2000 | 9903337
Original file (9903337.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-03337

            INDEX NUMBER:110.02


            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  under  other  than  honorable  conditions  discharge  (UOTHC)  be
upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was an outstanding airman and that she did make a mistake but  has
learned from that mistake.

In support of the appeal,  applicant  submits  a  personal  statement,
character statements from former supervisors, letters and certificates
of appreciation.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 June 1997, the applicant enlisted in the Regular Air Force for 4
years.

On 10 June  1998,  the  squadron  commander  initiated  administrative
discharge actions against the applicant for misconduct,  specifically,
a pattern of misconduct.  The specific reason for the proposed  action
was that on or about 9 February 1998, applicant wrongfully and falsely
made certain  instruments  purporting  to  be  DD  Forms  2,  Military
Identification Cards for herself and two  other  airmen,  listing  the
dates of birth two years prior to the actual dates of birth.  For this
offense she received Article  15  punishment  on  4  June  1998,  with
punishment consisting of reduction to the grade of airman basic and  a
reprimand.  On 10 Jun 1998,  applicant  acknowledged  receipt  of  the
discharge notification and that military legal counsel had  been  made
available to her.




On 12 June 1998, after consulting with counsel, applicant submitted an
unconditional waiver of her right to an administrative discharge board
and requested that her discharge be characterized as general.   On  24
June 1998, the Staff Judge Advocate found the case to be factually and
legally sufficient to support discharge.

On 26 June 1998, the discharge authority approved a  UOTHC  discharge,
stating  that  he  found  the  applicant’s  behavior   constituted   a
significant departure from the conduct expected of an airman  so  that
discharge Under Other Than Honorable Conditions was warranted and that
he found no reasonable expectation of rehabilitation.

On 1 July 1998, applicant was discharged under the provisions  of  AFI
36-3208, with a UOTHC discharge.  She was credited with 1 year and  21
days of active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

On 23 March 2000, the Air Force Discharge Review Board (AFDRB)  denied
applicant’s  request  for  an  upgrade  of  her  UOTHC  discharge   to
honorable.  A copy of the AFDRB Hearing Record is attached at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the AFDRB Hearing Record was forwarded to the applicant  for
review and response (Exhibit D).  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.    We  found  no  evidence  that  responsible   officials   applied
inappropriate standards in effecting the applicant’s  discharge,  that
pertinent regulations were violated or  that  the  applicant  was  not
afforded all the rights to which entitled at the  time  of  discharge.
Therefore,  we  do  not  believe  favorable   consideration   of   the
applicant’s stated request would be appropriate on the  basis  of  the
evidence provided.  Nevertheless, after careful
consideration of the applicant’s overall record and in the absence  of
any other derogatory information except for the isolated incident,  we
believe that some form of relief is warranted.  Hence, considering the
circumstances surrounding the applicant’s  discharge,  we  believe  it
would be disproportionately excessive for her to  continue  to  suffer
the adverse effects  of  an  Under  Other  Than  Honorable  discharge.
Therefore, as a matter of clemency,  the  board  recommends  that  the
records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 01 July 1998,  she
was discharged with service characterized as general (under  honorable
conditions).
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 07 September 2000, under the provisions of AFI 36-
2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Mr. Laurence M. Groner, Member
      Mr. Charlie W. Williams Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 Sep 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Hearing Record, dated 27 Mar 00.
     Exhibit D.  Letter, AFBCMR, dated 28 Apr 00.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair



AFBCMR 99-03337




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  01  July
1998, she was discharged  with  service  characterized  as  general
(under honorable conditions).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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