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AF | BCMR | CY2003 | BC-2003-02409
Original file (BC-2003-02409.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02409
            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:

Applicant makes no contentions.  Her complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in  the  Regular  Air  Force  on  17  Nov  82.   She  was
progressively promoted to the grade of airman first  class,  having  assumed
that grade effective and with a date of rank of 17 Nov 83.  On  21  Sep  84,
she  was  notified  by  her  commander  that  he  was  recommending  she  be
discharged from the Air Force under the provisions of AFR 39-10 paragraph 5-
46, for misconduct.  The specific reasons for this action were  that  on  28
Aug 84, she was issued a Letter of Reprimand (LOR) for writing a check  that
was returned due to insufficient funds; on 19 Jun 84,  she  was  provided  a
Letter of Counseling (LOC) for reporting late to work; on  28  Mar  84,  she
received  an  LOR  for  writing  13  checks  that  were  returned   due   to
insufficient funds; on 28 Mar 84, she received an LOC  for  failing  to  pay
her financial debts; and on 23 Feb 84,  she  received  an  LOC  for  writing
three checks that were returned due to insufficient funds.  She was  advised
of her rights in this matter and acknowledged receipt  of  the  notification
on that same date.  After consulting counsel,  applicant  elected  to  waive
her right to submit matters on her own behalf.  In a  legal  review  of  the
case file, the Staff Judge Advocate found the case  legally  sufficient  and
recommended discharge without probation or rehabilitation.   On  9  Oct  84,
the discharge authority concurred with the recommendations and directed  the
applicant  be  discharged  and  issued  an  general  discharge.    She   was
discharged on 11 Oct 84.  She served 1 year,  10  months,  and  25  days  on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  that  the   discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority.  The applicant did not submit any new evidence  or  identify  any
errors in her discharge processing.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10  Oct
03 for review and comment within 30 days.  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 that would warrant upgrade of her  discharge
to honorable.  We see no evidence of an error in this case and evidence  has
not been presented which would lead us to believe  that  the  applicant  has
been the victim of an injustice.  Therefore, we agree with the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Accordingly, in  the  absence  of
evidence to the contrary, we find no basis to recommend granting the  relief
sought in this 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 AFBCMR Docket Number  BC-2003-
02409 in Executive Session on 13 Nov 03, under the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory H. Petkoff, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Sep 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 29 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Oct 03.




                                   RICHARD A. PETERSON
                                   Panel Chair

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