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AF | BCMR | CY2002 | 0101871
Original file (0101871.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01871
            INDEX CODE: 110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

_________________________________________________________________

AIR FORCE EVALUATION:

The Air Force Discharge Review Board (AFDRB) denied the applicant's  request
for upgrade of her discharge.  The AFDRB concluded that  the  discharge  was
consistent with the substantive requirements of  the  discharge  regulation,
was within the discretion of the discharge authority, and she  was  provided
full administrative due process.  There exists no legal or  equitable  basis
for change of reason for discharge.  A complete copy  of  the  AFDRB  brief,
with attachments, is attached at Exhibit B.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the AFDRB brief was forwarded to the applicant on 12  Oct
01, for review and response.  As of this date, this office has  received  no
response.

_________________________________________________________________

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  reviewing  the  evidence
submitted with this appeal, the Board majority is  not  persuaded  that  the
applicant's discharge should be upgraded.  The Board majority believes  that
the evidence of record supports the decision  of  the  Air  Force  Discharge
Review Board.  The Board majority finds no evidence of error  in  this  case
and after thoroughly reviewing the documentation that has been submitted  in
support of her appeal, does not believe she has suffered from an  injustice.
 Therefore, based on the available evidence of record,  the  Board  majority
finds no basis upon which to favorably consider this application.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

A majority of the  panel  finds  that  insufficient  evidence  of  error  of
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 27 Nov 01, under the provisions of AFI 36-2603:

      Mr. Patrick R. Wheeler, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. James W. Russell III, Member

By a majority vote, the Board recommended denial of  the  application.   Mr.
Wheeler voted to grant the applicant's  request  and  elected  to  submit  a
minority report.  The minority report is appended at Exhibit D.

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jun 01, w/atchs.
    Exhibit B.  AFDRB Brief, dated 7 Mar 01
    Exhibit C.  Letter, SAF/MRBR, dated 12 Oct 01.
    Exhibit D.  Minority Report




                                   PATRICK R. WHEELER
                                   Panel Chair


                   AFBCMR 01-01871

MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of APPLICANT

      I have carefully reviewed all aspects of this case and do not agree
with the opinion of the majority of the panel that the applicant’s request
that her general (under honorable conditions) discharge be upgraded to
honorable should be denied.

      I have thoroughly reviewed the applicant's available record, her
submission, and the minority report.  And, after consideration of all the
circumstances of this case I agree with the minority member of the panel
and believe that the imposition of nonjudicial punishment was unjust and
excessively harsh.  Furthermore, given the applicant's overall record, the
characterization of her service as general also does not accurately reflect
her service while she was in the Air Force.  Accordingly, I direct that the
Article 15 imposed on 14 January 1998 be set aside and that her discharge
be upgraded to honorable.








                                  JOE G. LINEBERGER
                                  Director

      Air Force Review Boards Agency


AFBCMR 01-01871




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:

      a.  The nonjudicial punishment under Article 15, UCMJ, initiated on
14 January 1998 and imposed on 29 January 1998, be, and hereby is, set
aside and removed from her records; and, all rights, privileges, and
property of which she may have been deprived be restored.

      b.  On 2 July 1998, she was honorably discharged and furnished an
Honorable Discharge certificate.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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