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AF | BCMR | CY2003 | BC-2003-02993
Original file (BC-2003-02993.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02993

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

At the time of her discharge, she was only  20  years  old.   She  was
placed into a Weight Management Performance Program because she was 5-
10 pounds over her weight limit to be in the military.    At  5’3”  at
155 lbs,  she  dieted,  exercised,  and  participated  in  a  remedial
exercise program, yet she was not able to  lose  the  additional  5-10
lbs, which resulted in unsatisfactory performance for  which  she  was
discharged.  The only other incident she recalls happened when she was
about 18 or 19 years old.  She took a $3.00 eyeliner pencil  from  the
Exchange Store.  Being a teenage at that time, we  don’t  always  make
the right choices; it was a very stupid, childish thing  to  do.   She
forfeited $100 and was demoted to an E-2 airman.  These incidents took
place over 20 years ago.  She  has  since  served  over  13  years  of
Federal Government Service, and she is currently  a  federal  employee
for the U.S. Department of Justice Federal Bureau of Prisons.  She  is
requesting her military service  time  be  upgraded  to  an  honorable
discharge.  Many years ago, she was  under  the  assumption  that  her
discharge would automatically be upgraded after so  many  years.   She
understands that this is not the case anymore, which is the basis  for
her requesting this change at this late date.

In support of her appeal, she has submitted a personnel 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
2 September 1981.  On 8 November 1984, the applicant was involuntarily
discharged  under  the  provisions  of  AFR  39-10,    (Unsatisfactory
Performance) with service characterized as  general  (under  honorable
conditions) in the grade of  airman  first  class.  She  served  three
years, two months and seven days of total active military service.

The applicant’s commander notified her on 16 October 1984 that he  was
recommending her for discharge for  unsatisfactory  performance.   The
applicant was counseled when she failed to go at the  time  prescribed
to her appointed place of duty on 12 and 17 February 1982 and  19  and
29 September 1983.  She  demonstrated  financial  irresponsibility  by
failing to pay her club account between September  1982  and  February
1983, for which she was counseled and received a letter of  reprimand.
She was counseled again for writing  three  checks  with  insufficient
funds on       13 December 1982, 20 December 1983 and  7  April  1984.
The member was counseled after she failed to  comply  with  prescribed
guidelines for personnel on weekend standby by failing to respond to a
page and not informing Job Control of her whereabouts on   18  and  19
June 1983.  On 22 August 1984, the applicant stole  a  shadow  pencil.
She received an Article 15 with a $100 fine and a suspended  reduction
to airman.

Pursuant to the Board's request for  information,  the  FBI  indicated
that, on the basis of the  evidence  provided,  they  were  unable  to
locate an arrest record pertaining to the applicant (Exhibit D).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS stated that based upon the documentation in the  file,  the
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation.  Additional,  the  discharge
was within the sound  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.  She provided no
other facts warranting an upgrade of the discharge.  Accordingly, they
recommends her records remain the same  and  her  request  be  denied.
However, a new DD Form 214 was issued to correctly identify  her  type
of separation as under honorable  conditions  (general),  not  just  a
general discharge.  She has not filed a timely request.

AFPC/DPPRS complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 17 October 2003, 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,  it  is  in  the
interest of justice to excuse the failure to timely file.

3. Sufficient relevant evidence has been presented to demonstrate  the
existence of an error or injustice.  While the applicant has  provided
no evidence to  show  that  her  discharge  was  improper  or  not  in
compliance with appropriate directives, the Board is  of  the  opinion
that relief is warranted.  It appears the applicant has led  a  stable
and productive life with over 13 years of Federal  Government  service
with the Federal Bureau of Prisons and there is no evidence  that  she
has had any subsequent serious  involvement  of  a  derogatory  nature
since her separation from the Air Force.  In light of the above and on
the basis of clemency, we believe her discharge should be upgraded  to
honorable.  Accordingly, we recommend that her records be corrected as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that at  the  time  of  her
discharge on  8  November  1984,  she  was  honorably  discharged  and
furnished an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered considered Docket Number
BC-2003-02993 in Executive Session on  13  November  2003,  under  the
provisions of AFI 36-2603:

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

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Sep 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report, dated 14 Nov 03.
      Exhibit D. Letter, AFPC/DPPRSP, dated 7 Oct 03.
      Exhibit E. Letter, SAF/MRBR, dated 17 Oct 03.



                                  RICHARD A. PETERSON
                                  Panel Chair
AFBCMR BC-2003-02993




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 at the time  of
her discharge on 8 November 1984, she  was  honorably  discharged  and
furnished an Honorable Discharge Certificate.






      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

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