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 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
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