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AF | BCMR | CY2003 | BC-2003-01542
Original file (BC-2003-01542.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01542
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general  under  honorable  conditions  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

All the time  she  served  was  without  incident  and  included  some
outstanding achievements.  Her discharge resulted  from  one  careless
remark  she  made  to  her  officer  in  charge  (OIC)  regarding  her
noncommissioned officer (NCO) supervisor at a time when she was  under
extreme personal stress.

In support of the appeal, applicant submitted a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 April 1977.  She was
progressively promoted to the grade of airman first class and received
four Airman Performance Reports in which the overall evaluations  were
7, 7, 8 and 5.

On 7 December 1979, the commander notified the applicant that  he  was
recommending a  general  discharge  for  her  defective  attitude  and
apathy.   Reasons  for  the  action  were:   Numerous   incidents   of
substandard performance and conduct.  Most of the incidents  were  for
failure to report to her place of duty and leaving  her  duty  station
without permission.  She received letters of reprimand on  7  December
1978, 5 March 1979, 2 August 1979, and 8  November  1979;  letters  of
counseling on 10 December 1978 and 4 April  1979;  dishonorable  check
notifications, 15 and 16 November 1978, and 19 June  1979;  letter  of
admonishment, 29 November 1977; and Article 15s on  6  September  1977
and 1 November  1979.   An  evaluation  officer  interviewed  her  and
determined the applicant was unsuitable for further  military  service
due to her defective attitude.   He  concurred  with  the  commander’s
recommendation and did not feel  she  was  a  suitable  candidate  for
rehabilitation.   He  recommended  a  general  discharge.    Applicant
submitted a statement  in  her  own  behalf  requesting  an  honorable
discharge stating her problems were due to the turmoil in her personal
life.  The base legal services reviewed the case and found it  legally
sufficient to support  the  discharge.   They  recommended  a  general
discharge without probation and rehabilitation (P&R).   The  Discharge
Authority approved the separation  and  ordered  a  general  discharge
without P&R on 8 January 1980.

On 11 January 1980,  the  applicant  was  discharged  under  honorable
conditions because of unsuitability.  She had served 2 years, 8 months
and 20 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe 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.  Therefore,  they  recommend  denial  of  the
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 September 2003, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days.  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,  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.  Evidence has not been  presented
that would lead us to  believe  that  the  applicant’s  discharge  was
erroneous or unjust.  The record indicates that discharge  proceedings
were initiated against  the  applicant  based  on  her  commission  of
numerous infractions against the good  order  and  discipline  of  the
service.  The applicant has provided no evidence that the  information
in the discharge case file is erroneous, that her  substantial  rights
were violated  or  that  her  commanders  abused  their  discretionary
authority.  In the absence of such evidence  or  a  showing  that  her
service was inappropriately characterized, we have no basis  on  which
to favorably consider her application.

_________________________________________________________________

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  this  application,  BC-
2003-01542, in  Executive  Session  on  16  October  2003,  under  the
provisions of AFI 36-2603:

                       Ms. Charlene Bradley, Panel Chair
                       Ms. Martha J. Evans, Member
                       Ms. Renee M. Collier, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Aug 03, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 5 Sep 03.
      Exhibit D. Letter, SAF/MRBR, dated 12 Sep 03.




                             CHARLENE M. BRADLEY
                             Panel Chair



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