ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1994-01070
INDEX CODE: 110.00
COUNSEL: NO
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant's appeal for reconsideration, she requests her general
discharge be upgraded to honorable.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 June 1982 as an
airman basic for a period of four (4) years.
On 9 December 1985, the applicant’s commander notified her of his intent to
recommend her for discharge under the provisions of AFR 39-10, para 5-49d
(Misconduct-Other Serious Offenses.)
On 15 October 1985, civilian authorities apprehended the applicant on
charges of grand theft.
On 24 December 1985, the applicant was discharged with a general (under
honorable conditions) discharge.
The applicant submitted a request to the Air Force Discharge Review Board
(AFDRB) to have her general discharge upgraded to honorable. They denied
her request on 25 June 1987.
The Air Force Board of Correction for Military Records (AFBCMR) considered
and denied the applicant’s request to have her general discharge upgraded
to honorable on 8 July 1994. For an accounting of the facts and
circumstances surrounding the applicant's separation, and, the rationale
of the earlier decision by the Board, see the Record of Proceedings at
Exhibit E.
On 8 May 2003, the applicant submitted a request for reconsideration,
contending that her discharge was inequitable because it was based on one
isolated incident in over 36-months of service with no other adverse
action. She requests mercy. She made a very stupid mistake in 1985 and
has to face the consequences of her actions. She has made positive
changes in her life. She is married, with children. She has not had any
other arrests since in 1985. She received her Associates degree. She
received approval from the State of --- to have her record expunged. She
is a Notary for the State of California and was required to go through an
FBI background search. She is self-employed as a Traveling Notary/Loan
Signing Agent. The applicant’s complete submission, with attachments, is
at Exhibit F.
Pursuant to the Board’s request, the Federal Bureau of investigation,
Washington, D.C., provided an investigative report which is attached at
Exhibit G.
A copy of the FBI investigative report was forwarded to the applicant on
10 July 2003, for review and response. As of this date, no response has
been received by this office (Exhibit H).
_________________________________________________________________
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 of timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of injustice regarding the applicant's request that her general
discharge be upgraded to honorable. No evidence has been presented which
would lead us to believe her discharge was improper or contrary to the
directive under which it was effected. Nevertheless, in view of the
applicant's successful apparent transition to civilian life, as evidenced
by the post-service documentation she has provided, we are of the opinion
that upgrading the applicant's discharge to honorable, based on clemency,
would be appropriate. Accordingly, we recommend that the applicant's
general discharge be upgraded to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 24 December 1985, she
was honorably discharged and furnished an Honorable Discharge
certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
1994-01070 in Executive Session on 3 September 2003, under the provisions
of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Mr. J. Dean Yount, Member
Ms. Beth M. McCormick, Member
All members voted to correct the records as recommended. The following
documentary evidence was considered:
Exhibit E. Record of Proceedings, undated, w/atchs.
Exhibit F. Applicant’s Reconsideration Request, dated
8 May 03.
Exhibit G. FBI Report.
GREGORY H. PETKOFF
Panel Chair
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction for 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 , be corrected to show that on 24 December 1985,
she was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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