RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03152

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general discharge be upgraded to honorable.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Although her  discharge  is  not  necessarily  unjust,  she  would  like  it
upgraded for employment possibilities.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 26 Jul 1973, the applicant  enlisted  in  the  Regular  Air  Force.   She
served on continuous active duty and entered her last enlistment on 9  April
1981.  She was progressively promoted to the grade of staff sergeant.

The applicant received a Letter of Reprimand (LOR), dated 10 June 1983,  for
exhibiting  behavior  that  was   considered   disruptive   and   completely
incompatible to conduct expected of  a  Noncommissioned  Officer  in  Charge
(NCOIC).

She was tried by a special court-martial on 18 October  1983  for  willfully
disobeying a lawful order; failure to obey a lawful order of a  commissioned
officer; and for being disorderly  in  station.   She  pled  guilty  to  the
charges and was convicted of the charges.  She  was  sentenced  to  30  days
confinement at hard labor, forfeiture of $100.00 per month for  two  months,
and reduction to the  grade  of  airman  first  class.   However,  only  the
portion of the punishment as provided for  the  forfeiture  of  $100.00  per
month for two months and reduction to the grade of airman  first  class  was
approved.




On 11 January 1954, the commander notified the applicant of  his  intent  to
initiate  administrative  discharge  action  against  her  for   misconduct.
Specifically,  the  commander  noted  that  on   10 June   1983,   she   was
administered a LOR; on 10  August  1983,  she  was  involved  in  a  serious
incident at the Aerial Post Office (APO); and on 18 October  1983,  she  was
convicted by a special court-martial.

On 19 January 1984,  the  applicant  waived  her  right  to  have  her  case
presented to an administrative discharge board (ADB), to be  represented  by
counsel, and to  submit  statements  in  her  own  behalf.   She  offered  a
conditional waiver of the rights associated with an ADB  contingent  on  her
receipt of no less than an honorable discharge.

On 26 January 1984, her conditional waiver was rejected.

On 13 February 1984, she waived her right to have her case presented  to  an
administrative discharge board (ADB), to be represented by counsel,  and  to
submit statements in her own behalf.

The discharge authority approved the discharge on 5 March 1994.

On 21 March 1984, she was discharged  under  the  provisions  of  AFR  39-10
(Misconduct - Other Serious Offense), with service characterized as  General
(Under Honorable Conditions).  She  was  issued  an  RE  Code  of  2B.   She
completed 10 years, 7 months, and 25 days of active service.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied, and states, in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation, and within the 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.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 1 November 2002 for review and response within 30 days.  However,  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 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 error or injustice.  A majority of the  Board  notes  that  the
applicant’s discharge appears to be in compliance  with  the  governing  Air
Force Regulation in effect at the  time  of  her  separation  and  finds  no
evidence  to  indicate  that  her  separation  from  the   Air   Force   was
inappropriate.  After thoroughly reviewing the documentation that  has  been
submitted in support of her  appeal,  a  majority  of  the  Board  finds  no
evidence or error in this case and does not believe she  has  suffered  from
an injustice.  Therefore, based on  the  available  evidence  of  record,  a
majority of the Board finds no compelling basis to  recommend  granting  the
relief sought.

4.  A majority of the Board also found insufficient evidence  to  warrant  a
recommendation that the discharge be upgraded  on  the  basis  of  clemency.
After considering the applicant's overall quality  of  service,  the  events
that precipitated the discharge, and the absence of evidence related to  her
post-service activities and accomplishments, a majority of  the  Board  does
not believe that clemency is warranted.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03152
in Executive Session on 13 March 2003 under the provisions of AFI 36-2603:

                       Mr. David W. Mulgrew, Panel Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Clarence D. Long, III, Member








By majority vote, the Board recommended  denial  of  the  application.   Mr.
Long voted to correct the records but does not wish  to  submit  a  minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Sep 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 21 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.




                                   DAVID W. MULGREW
                                   Panel Chair

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002


      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2002-03152.

      By a majority vote, the Board recommended that your application be
denied as set forth in the attached Record of Proceedings.  However, after
a careful review and consideration of all factors involved, the Director,
Air Force Review Boards Agency accepted the minority opinion and
determination that the military records should be corrected as set forth in
the attached copy of a Memorandum for the Chief of Staff, United States Air
Force.  The office responsible for making the correction(s) will inform you
when your records have been changed.

      After correction, your records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.  Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.




                                        ROSE M. KIRKPATRICK
                                        Chief Examiner
                                        Air Force Board for Correction
                                        of Military Records

Attachment:
Record of Board Proceedings

AFBCMR BC-2002-03152




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 on 21 March 1984, she was
honorably discharged and furnished an Honorable Discharge certificate.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency




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

SUBJECT:    APPLICANT, AFBCMR Docket Number BC-2002-03152

      I have carefully considered all the aspects of this case and do not
agree with the recommendation of the majority of the panel that the
applicant’s request for upgrade of her discharge should be denied.

      After careful consideration of all the facts and circumstances of the
applicant’s case and the fact that she does not have an Investigative
Report on file with the Federal Bureau of Investigation (FBI), I am
persuaded that she has overcome the behavioral traits that led to the
contested discharge.  Certainly I do not condone the behavior that led to
her general discharge.  Nonetheless, I recognize the adverse impact of the
discharge she received and, while it may have been appropriate at the time,
I believe it would be an injustice for her to continue to suffer its
effects.  Accordingly, I find that relief is warranted and that her 21
March 1984 discharge should be upgraded to honorable on the basis of
clemency.

                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency