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AF | BCMR | CY2003 | BC-2002-03483
Original file (BC-2002-03483.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03483
            INDEX CODE:  110.02

            COUNSEL:  American Legion
            HEARING DESIRED: Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general (under honorable  conditions)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Overall extenuating circumstances of her situation and other  problems
she was experiencing at the time were not  taken  into  consideration.
Had they been, her discharge would have been honorable.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her enlistment in the Regular  Air  Force  on  24
April 1986.  She was progressively promoted to  the  grade  of  Airman
First Class (A1C/E-3) with an effective date and a date of rank of  24
February 1987.

On 8 September 1986, the applicant was charged with aggravated assault
as, during an argument off base, she stabbed her husband in  the  arm.
She received an Article 15 on 9 March 1987 that imposed a reduction in
grade to Airman (AMN/E-2) and 14 days extra duty as a result of  being
charged with disorderly conduct  and  physical  confrontation.   On  6
April 1987, she received another Article 15 that imposed reduction  in
grade  to  Airman  Basic   (AB/E-1)  for  two  additional  charges  of
disorderly conduct and disobeying a direct order.

On 15 May 1987, the applicant received notification that she was being
recommended for discharge due to Misconduct, and  Pattern  of  Conduct
Prejudicial to Good Order and  Discipline.   She  received  a  general
discharge on 4 June 1987 under the provisions  of  AFR    39-10.   The
applicant had completed a total of 1 year, 1  month  and  11  days  of
active duty and was serving  in  the  grade  of  AB  at  the  time  of
discharge.  She received a reenlistment eligibility (RE) Code  of  2B,
Misconduct-Pattern, Conduct Prejudicial to Good Order and Discipline.

The applicant applied to the Air Force Discharge Review Board (AF DRB)
on 2 April 1998 for an upgrade of her discharge to honorable.   On  28
July 1998, the DRB considered the applicant’s appeal  and  denied  it.
The  DRB  concluded  that  the  applicant  had  been   afforded   full
administrative due process during her discharge and that there existed
no legal or equitable basis for upgrading her discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial noting that the applicant’s appeal to the
Air Force Discharge Review Board (AFDRB)  was  denied  in  July  1998.
DPPRS states that the discharge was consistent with the procedural and
substantive requirements of the  discharge  regulation.   Additionally
DPPRS noted that the applicant had provided no new  evidence  nor  did
she  present  any  errors  or  injustices  that  occurred  during  her
discharge processing.

AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel admits that the applicant had been ordered to stay  away  from
her husband.  Their contention is that the small community  at  Tinker
AFB made it very difficult for the applicant  to  avoid  her  husband.
Additionally, the applicant was trying very hard, even  through  being
abuse, to make her marriage work, stating that her deep-seated beliefs
about marriage were driving her actions.

Counsel concludes by reiterating their  support  for  the  applicant’s
appeal and stating that the applicant’s attempts to save her  marriage
go to the very base of our (American) value system.

Applicant's response through counsel is at Exhibit E.

_________________________________________________________________

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  warranting  an  upgrade  of  the
characterization of her service.   After  a  thorough  review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that the actions taken against her  were  improper,  contrary  to  the
provisions of the governing regulations in  effect  at  the  time,  or
based on factors other than her own  misconduct.   Therefore,  in  the
absence of persuasive evidence to the contrary, we find no  compelling
basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been
shown that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)  involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 AFBCMR Docket Number BC-
2002-03483 in Executive Session on 23 April 2003, under the provisions
of AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. William H. Anderson, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, 28 Oct 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, 4 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, 20 Dec 02.
    Exhibit E.  Letter, American Legion, 16 Jan 03




                                   CHARLES E. BENNETT
                                   Panel Chair

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