RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03382
      INDEX CODE:  110

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not deserve a UOTHC character  of  service,  as  she  had  exemplary
service for five years.  She outlines the reasons she  believes  her  record
to be in error or unjust on her DD  Form  293,  Application  for  Review  of
Discharge or Dismissal from the Armed Forces of the United States.   In  it,
she states that, because she started  an  Equal  Opportunity  and  Treatment
(EOT) investigation, she was given a UOTHC discharge.

Her complete submission, which includes copies of the DD Form  293  and  her
discharge document, are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member who was  discharged  with  an  under  other
than honorable conditions discharge (UOTHC) on  15  March  1985,  under  the
provisions of AFR 39-10, by reason of “Request  for  Discharge  in  Lieu  of
Trial by Court-martial.”  She had served  5  years  and  10 days  on  active
duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant's military records, are contained in  the  official  documents
at Exhibit B and the letter prepared by the appropriate office  of  the  Air
Force at Exhibit C.  Accordingly, there is no need to recite these facts  in
this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Separations  Branch,   AFPC/DPPRS,   reviewed   the   application   and
recommended denial.  On 29 January 1985, the applicant submitted  a  request
for discharge in lieu of trial by court-martial.   The  charges  related  to
her failure to repay $421  in  advance  payments.   She  submitted  a  false
travel voucher; did not repay the money in  a  timely  manner;  and  made  a
false  statement  concerning  repayment  of  the   money.    Her   commander
recommended that she be involuntarily  discharged  because  she  had  served
honorably  for  the  previous  five   years;   had   cooperated   with   the
investigation; had provided a confession; and the  money  had  been  repaid.
The discharge authority reviewed the case and  approved  the  recommendation
for discharge and directed that she be given a UOTHC discharge.   AFPC/DPPRS
stated  that  the  discharge  was  consistent  with   the   procedural   and
substantive  requirements  of  the  discharge  regulation  at  the  time  of
discharge.    Furthermore,  the  discharge  action  was  within   the   sole
discretion of the discharge authority and the applicant  was  provided  full
administrative due process.  The records indicate  the  applicant’s  service
was properly reviewed and appropriate action was taken.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the evaluation by offering to make available  for
review a copy of the EOT investigation by Social Actions.   She  also  asked
that her case be temporarily withdrawn until she was able to  proceed.   Her
request and the AFBCMR response, with attachment, are at Exhibit E.

The applicant  provided  copies  of  the  EOT  complaint  and  inquiry  with
supporting materials, and a copy of her congressional  correspondence.   She
also indicated she was ready to proceed and that she intended to  send  more
information pertaining to her activities since leaving the service  (Exhibit
F).

In response to the AFBCMR’s request  for  clarification  of  her  desire  to
proceed or her  intent  to  supply  additional  information,  the  applicant
provided a number of supporting  statements.   The  AFBCMR  letter  and  the
applicant’s response, with attachments, are at Exhibit G.

_________________________________________________________________

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.  The applicant  argues,  in  part,
that she did not deserve  an  UOTHC  discharge  because  she  had  exemplary
service for five years.  The applicant’s commander was aware  of  her  years
of service when he recommended that she be involuntarily discharged with  an
UOTHC.  His decision was also based her cooperation with  the  investigator;
her confession; and her repayment of the money.  She requested and  received
discharge  in  lieu  of  court-martial.   We  also  noted  the   applicant’s
contention that she received a UOTHC  characterization  of  service  because
she started an EOT investigation.  However,  she  has  failed  to  show  any
connection between her EOT complaint and the discharge action taken  against
her.  Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

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 23 October 2001, under the provisions of AFI 36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Mr. Billy C. Baxter, Member
                 Mr. Mike Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 December 2000, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 24 January 2001.
    Exhibit D.  Letter, SAF/MIBR, dated 16 February 2001.
    Exhibit E.  Letter, Applicant, dated 7 March 2001,
                w/AFBCMR Letter, dated 19 March 2001, w/atch.
    Exhibit F.  Letter, Applicant, dated 28 August 2001, w/atchs.
    Exhibit G.  Letter, Applicant, dated 3 October 2001, w/atchs.





                                   PATRICIA D. VESTAL
                                   Panel Chair