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
In accordance with policy, the application was forwarded to this Board for further consideration (Exhibit C). The 'decision of the AFDRB was forwarded to the applicant for review and response (Exhibit D). Counsel s response to the AFDRB Brief is at Exhibit E. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
In accordance with policy, the application was forwarded to this Board for further consideration (Exhibit C). The decision of the AFDRB was forwarded to the applicant for review and response (Exhibit D). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
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