RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03055
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The reason for her general (under honorable conditions) discharge be
changed to reflect hardship.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was not provided full administrative due process. The evidence
proves that there were several family hardships and medical hardships
that would warrant a discharge due to hardship. She loves her country
and was willing to do what ever it took for her country; however, her
country was not willing to examine below the surface to find the real
problems. She was really confused for a while; however, she was a
great student in high school and college, and never was in any trouble
with the law. It was not until recently, 13 years later, when she
became pregnant again that she realized she had these prenatal
problems. She received much counseling and medication to offset these
mental imbalances during her recent pregnancy.
She is asking the Board to please carefully examine the evidence that
she has presented to the Board and change her discharge to “Hardship”.
The Board has the opportunity to once again make her proud to serve
in the United States Air Force.
In support of her appeal, the applicant submits a personal statement.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 6 January 1987 at the age of 21,
completed basic military training and served as an Inventory
Management Specialist. She married either just prior to the Report
for the period of 6 January 1987 to 5 January 1988 reflected overall
satisfactory performance but narrative comments indicated concern
regarding a lack of initiative, requirement for constant direct
supervision, recurrent tardiness, placing personal matters ahead of
mission accomplishment, and little regard for military standards.
“Amn W____ has been counseled on several occasions but has shown
little improvement.” Her outstanding academic scores on her career
development course work reflected excellent career potential.
On 18 March 1987, she was disciplined with an Article 15 for exceeding
the extended limits of Lowry AFB of 150 miles, and being absent from
her place of duty on or about 8 March 1987 to 9 March 1987. She was
counseled (Record of Counseling) on 6 October 1987 for being
late for duty. She received a Letter of Reprimand on 9 November 1987
for Failure to go and lying to her supervisor. She was again
disciplined with an Article 15 on 8 February 1988 for failure to
go (failed to report for open ranks inspection). On 12 February 1988,
her pregnancy was diagnosed when she was approximately 8 weeks
pregnant.
She received her third Article 15 on 24 March 1988 for failure to go
and failure to pay just debts. Her NCO membership was terminated for
a delinquent account and writing bad checks in February and March
1988. She received a Letter of Reprimand for failure to pay just
debts on 29 June 1988. She received her fourth Article 15 for failure
to pay just debts on 1 August 1988 (for debts dating to 1 May 1988).
She delivered her child on 3 October 1988. During labor, the delivery
was characterized by “severe decelerations”, an indication of fetal
distress during labor, however she delivered her without apparent
further complication.
She received a Letter of Reprimand for failure to pay just debts on 28
October 1988.
On 23 November 1988, applicant’s commander recommended she be
discharged for a pattern of misconduct. Her commander recommended a
general discharge. Basis for the action was a Letter of Counseling,
in October 1987, for failure to report to duty two consecutive days;
four Letters of Reprimand--30 November 1987 and 8 March 1988, failure
to report to duty and lying to her supervisor, and 29 June 1988 and 28
October 1988, failure to pay debts; and an Article 15, 21 January
1988, for failure to report for open ranks inspection. All incidences
of misconduct are well documented in her records. Member consulted
with legal counsel and waiver her right to submit statements in her
behalf. Probation and rehabilitation (P&R) were considered but deemed
inappropriate because she had failed to improve her misconduct on
numerous occasions. The base legal office reviewed the case and
determined it was legally sufficient to support discharge. The
Discharge Authority approved the separation and ordered a general
discharge without probation and rehabilitation on 6 December 1988.
The applicant was involuntarily discharged under the provisions of AFR
39-10 (pattern of misconduct prejudicial to good order and discipline)
with service characterized as general (under honorable conditions) on
8 December 1988 in the grade of airman basic. She served 1 year, 11
months and 2 days of active service.
On 11 January 2001, the Air Force Discharge Review Board denied the
applicant’s request to upgrade her discharge (Exhibit B).
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that no change in the
records is warranted based on medical issues. The applicant was
administratively discharged for misconduct including financial
irresponsibility, repeated tardiness, absenting herself from her place
of duty and lying to her supervisors. The applicant states that she
experienced many effects of pregnancy that may have included “unstable
mental alertness, constant mood swings, depression, sickness,
disorientation, etc” and contends this caused her misconduct. She
also states that while she was on active duty her husband fell into
the wrong crowd and became involved with the use of crack cocaine that
lead to financial difficulties.
The applicant’s pattern of misconduct began prior to her pregnancy.
There is no evidence in the record that indicates she was experiencing
any of the mood disturbances that many women experience. The mood
disturbances of pregnancy do not cause misconduct of the nature
demonstrated by the applicant. There is no evidence of mental illness
that would have impaired her judgment, ability to control her actions
or understand the consequences of her actions. Her financial
difficulties appear to have also predated her pregnancy evidenced in
the delinquency on her NCO Club bill in February 1988. Action and
disposition in this case are proper equitable reflecting compliance
with Air Force directives that implement the law.
The BCMR Medical Consultant the evaluation is at Exhibit C.
AFPC/DPPRS recommended denial and stated that based upon the
documentation in the file, they believe the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation. Additionally, the discharge was within the discretion of
the discharge authority. Applicant did not submit any new evidence or
identify any errors or injustices that occurred in the discharge
proceedings. Additionally, the applicant provided no facts warranting
an upgrade of the discharge she received. Accordingly, DPPRS
recommend her records remain the same and her request be denied.
AFPC/DPPRS complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 17 January 2003, for review and comment. 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 not timely filed; however, the Board excused
the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. The applicant's contentions
are duly noted; however, we agree with the BCMR Medical Consultant
that there is no evidence to support her current claim that she
suffered from mental imbalances during her pregnancy that were
responsible for her altered behavior patterns. After a careful review
of the evidence of record, we are of the opinion that the applicant's
pattern of misconduct began prior to her pregnancy and that there is
no evidence of mental illness that would have impaired her judgement,
ability to control her actions or understand the consequences of her
actions. Furthermore, we found no indication that the actions taken
to affect her discharge were improper or contrary to the provisions of
the governing regulations in effect at the time, or that the actions
taken against the applicant were based on factors other than her own
misconduct. In view of the above and absent persuasive evidence to
the contrary, we find no compelling basis to recommend granting the
relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 Docket Number 02-03055
in Executive Session on 25 March 2003, under the provisions of AFI 36-
2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Ann-Cecile McDermott, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. BCMR Medical Consultant, dated 12 Dec 02
Exhibit D. Letter, AFPC/DPPRS, dated 8 Jan 03
Exhibit E. Letter, SAF/MRBR, dated 17 Jan 03.
ROBERT S. BOYD
Panel Chair
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