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AF | BCMR | CY2003 | BC-2002-03667
Original file (BC-2002-03667.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03667

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

She wants to serve her country by joining the Air  Force  Reserve  and
has been advised that her current DD Form  214  character  of  service
entry of general (under honorable conditions) is a  firm  obstacle  to
her enlistment.  It has been more than  twenty  years  since  she  was
discharged and her rationale for not  seeking  correction  earlier  is
simply that she was totally involved with raising her children and had
no driving reason to seek the change.

In support of her application, she submits a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
28 Jan 80.  She was discharged under  the  provisions  of  AFR  39-12,
(Unsuitable - Apathy, Defective Attitude) from the Air Force on 11 Jun
81 with a general (under honorable conditions) discharge.  She  served
1 year, 4 months and 24 days of total active duty service.

On  22  May  81,  the  applicant’s  commander  notified  her  he   was
recommending her for administrative discharge for apathy and defective
attitude with a general discharge. Basis for the action:  Two Articles
15, 3 Jul 80 and 7 May 81, for dereliction of duty and failure  to  go
to appointed duty on time.  In addition to the Articles  15,  she  was
counseled  on  several  different  occasions  for  failure  to  go  to
appointed duty on time and failure to wear proper rank insignia on her
uniform.  Applicant stated her numerous problems were related  to  her
inability to be with her husband.  An Evaluation Officer was appointed
to investigate and he concluded that the applicant showed  a  lack  of
initiative  towards  her  responsibilities,  as   evidenced   by   her
nonjudicial punishments and failed to accept the consequences of being
married to another service member who was not stationed with her.   He
recommended discharge  without  probation  and  rehabilitation  (P&R).
Applicant was advised of her rights to submit rebuttal and statements;
however, she stated she did not wish to do  either.   The  base  legal
office reviewed the case, found it legally sufficient to  support  the
discharge, and recommended  a  general  discharge  without  P&R.   The
Discharge Authority approved  the  discharge  and  ordered  a  general
discharge without P&R.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and states based upon the  documentation
in the file 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 and
the applicant did not submit any new evidence or identify  any  errors
or injustices that occurred in the discharge processing.  She provided
no other facts warranting an upgrade of the discharge.

AFPC/DPPRS complete 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 20 Dec 02, 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 error or injustice.  After a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that her discharge should be upgraded to honorable.  The applicant has
not established by  her  submission  that  her  commander  abused  his
discretionary authority, and since we find no abuse of that authority,
there is no compelling reason to overturn  the  commander’s  decision.
We agree with the opinions and recommendation of  the  Air  Force  and
adopt their rationale as the basis for our decision that the applicant
has failed to sustain her burden of having suffered either an error or
an injustice.  Therefore, in absence of evidence to the  contrary,  we
find no 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  02-03667
in Executive Session on 12 February 2003, under the provisions of  AFI
36-2603:

                 Mr. Albert F. Lowas, Jr., Panel Chair
                 Mr. William H. Anderson , Member
                 Mr. James W. Russell III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Nov 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 13 Dec 02.
      Exhibit D. Letter, SAF/MRBR, dated 20 Dec 02.





      ALBERT F. LOWAS, JR
      Panel Chair

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