RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03297
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her under honorable conditions (general) discharge  be  upgraded  to
honorable so that she can use the Montgomery G.I. Bill.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When all of the problems occurred during her  military  career,  she
was barely 20.  She was raising a child by herself  on  very  little
resources.  Her finances became a mess and  this  caused  a  lot  of
problems in her military career.  She got a  roommate  to  help  cut
cost and the roommate ended up messing up  her  financial  situation
even more.  Since her discharge, she  is  capable  of  handling  her
situation and other unexpected things that may occur.

On 2 Jan 01, applicant provided additional documentation in  support
of her appeal.

Applicant’s complete submissions are attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 Jul 94, the applicant enlisted in the Regular Air Force (RegAF)
for a period of four years in the grade of airman basic.

On 9 Apr 95, the applicant received a Letter of Reprimand (LOR)  for
failure to report for  duty.   Applicant  acknowledged  receipt  and
understanding of the LOR and did not desire to submit mitigation  or
a rebuttal.

On 5 Sep 95, applicant received a Letter  of  Counseling  (LOC)  for
failure to minimize complaints  to  the  Air  Force  by  maintaining
reasonable  and  responsible  contact  with  creditors   to   assure
financial stability.

On 9 Nov 95, applicant was notified of  her  commander’s  intent  to
impose nonjudicial punishment  upon  her  for  failure  to  maintain
sufficient funds in her  checking  account  to  cover  three  checks
totaling  $153.   On  22 Nov  95,  after  consulting  with  counsel,
applicant waived her right to a trial by court-martial, requested  a
personal appearance and submitted a written presentation.  On 27 Nov
95, she was found guilty by her commander who imposed the  following
punishment:  Reduction from the grade of  airman  to  the  grade  of
airman basic, which was suspended until 26 May 96, after which  time
it would be remitted without further action, unless  sooner  vacated
and a reprimand.  Applicant did  not  appeal  the  punishment.   The
Article 15 was filed in her Unfavorable Information File (UIF).

On 22 Dec 95, applicant received an LOR for failure  to  report  for
duty.  Applicant acknowledged receipt of the LOR and did not  desire
to submit comments or documents for consideration regarding the LOR.

On 24 Mar 96, the applicant was  notified  that  her  commander  was
vacating the suspension, imposed on 27 Nov 95, for  the  offense  of
failure to maintain sufficient funds, which related to reduction  to
the grade of airman and a reprimand with a new date of rank (DOR) of
27 Nov 95.  Applicant  consulted  a  lawyer,  requested  a  personal
appearance, and attached  a  written  presentation.   The  commander
found that the applicant  committed  the  following  offenses:   She
wrongfully took certain mail matters (an envelope addressed  to  the
squadron first sergeant) before the envelope was  delivered  to  the
first sergeant and for making a false statement during an  interview
with an agent of the Office of Special Investigation (OSI) that  she
did not take any mail out of the orderly room.

On 27 Mar 96, the applicant was  notified  that  her  commander  was
recommending that she be discharged from the  Air  Force  for  minor
disciplinary infractions and unsatisfactory--irresponsibility in the
management of personal finances.  The  reason  for  the  commander’s
actions were as follows:

            a.   On or about 8 Apr 95, she  failed  to  contact  her
supervisor when she returned to the local area as she  was  directed
to do.  Additionally, she failed to report for duty on 8 Apr 95.

            b.   On or about 28 Jul 95, she was illegally parked  in
front of the Child Daycare Center as evidenced by  an  Armed  Forces
traffic ticket.

            c.   On or about 31 Aug 95, she failed to  make  payment
on her child care bill after stating she would send a payment.

            d.   Between on or about 1 Sep  95  and  5 Sep  95,  she
failed to maintain sufficient funds in her checking account to cover
three checks totaling $153.

            e.   On or about 11 Dec 95, she wrongfully took  certain
mail matters (an envelope)  out  of  the  orderly  room  before  the
envelope  was   delivered,   thereby   obstructing   correspondence.
Additionally,  during  an  interview  with  a  Special  Agent,   she
wrongfully and unlawfully  subscribed  under  lawful  oath  a  false
statement that she did not take any mail out of the orderly room.

            f.   On or about 21 Dec 95, she  failed  to  report  for
duty.

On 27 Mar 96, applicant acknowledged receipt  and  understanding  of
the notification letter.  On 5 Apr  96,  the  Staff  Judge  Advocate
(SJA)  reviewed  the  complete  record  and  found   no   procedural
deficiencies.  The SJA recommended that the applicant  be  separated
from the Air Force with  an  under  honorable  conditions  (general)
discharge and that she not be offered probation  and  rehabilitation
(P&R).

On 16 Apr 96, the applicant was discharged under the  provisions  of
AFI  36-3208  (Misconduct)  with  an  under   honorable   conditions
(general) discharge in the grade of airman.  She was credited with 1
year, 9 months, and 16 days of active service.

On 29 May 98, the Air Force Discharge Review  Board  (AFDRB)  denied
applicant’s request that her discharge be upgraded to honorable (see
Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management Specialist,  AFPC/DPPRS,  reviewed
this application and indicated that, based on the  documentation  in
the file,  they  believe  the  discharge  was  consistent  with  the
procedural and substantive requirements of the discharge regulation.
 The characterization of service given was in  accordance  with  the
guidance of the discharge instruction.  Additionally, the  discharge
was within the sound discretion of  the  discharge  authority.   The
applicant did not submit any new evidence or identify any errors  or
injustices that occurred in the discharge processing.  Additionally,
she provided no facts warranting an upgrade  of  the  discharge  she
received.  Accordingly, DPPRS  recommends  the  applicant’s  records
remain the same and her request be denied.

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

The Chief, Education Services Automation Section,  AFPC/DPPAT,  also
reviewed this application and indicated that public law requires  an
honorable discharge for an  individual  to  qualify  for  G.I.  Bill
benefits.  It also requires individuals complete a minimum amount of
active duty service, which, in the applicant’s situation,  was  four
years.  She completed 1 year, 9 months, and 16 days of active  duty.
If the applicant’s character of discharge were  to  be  upgraded  to
honorable, the Department of Veterans Affairs (DVA) would  deny  her
claim for benefits since she did not serve the required active duty.

A complete copy of their evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  applicant  on
9 Feb 01 for review and response.  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.     Insufficient  relevant  evidence  has   been   presented   to
demonstrate the existence of probable  error  or  injustice.   After
careful consideration of the circumstances  of  this  case  and  the
evidence provided by the applicant, we are not  persuaded  that  the
discharge action was in error or unjust.   The  evidence  of  record
supports the stated  reasons  for  applicant’s  discharge,  i.e.,  a
pattern of misconduct which resulted in an Article 15,  vacation  of
suspension for failure to maintain sufficient  funds,  an  LOC,  and
letters  of  reprimand.   Therefore,  in  our  opinion,  responsible
officials applied appropriate standards in effecting the applicant’s
involuntary separation, and we did not find persuasive evidence that
pertinent regulations were violated at the time  of  her  discharge.
In view of the foregoing, and in the  absence  of  evidence  to  the
contrary, we conclude that no basis exists  to  recommend  favorable
action on the applicant’s request.

_________________________________________________________________

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 10 April 2001,  under  the  provisions  of  Air
Force Instruction 36-2603:


                  Ms. Peggy E. Gordon, Panel Chair

                  Mr. Michael V. Barbino, Member
                  Mr. Philip Sheuerman, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Dec 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Hearing Record, dated 29 May 98.
     Exhibit D.  Letter, AFPC/DPPRS, dated 17 Jan 01.
     Exhibit E.  Letter, AFPC/DPPAT, dated 23 Jan 01.
     Exhibit F.  Letter, AFBCMR, dated 9 Feb 01.




                                   PEGGY E. GORDON
                                   Panel Chair