RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-02680
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her bad conduct discharge be upgraded to general (under honorable
conditions) and her rank be reinstated to airman (E-3) or senior airman (E-
4).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was advised that from three to eight years after her discharge, she
could have her discharge upgraded to general. It has been almost ten years
since her discharge. She would like to enlist in the North Carolina
National Guard as a supply clerk.
In support of her appeal, applicant provides a personal statement. Her
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 May 1987, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) for a period of 4 years.
The applicant was tried by a general court-martial and convicted of three
specifications of making false official statements, three specifications of
fraud against the United States, and one specification of violating a
lawful general regulation. The applicant was discharged with a bad conduct
discharge on 25 August 1993. She had served five years, six months and
nine days on active duty. The period 4 October 1991 through 9 July 1992
was time lost due to confinement.
The remaining relevant facts pertaining to her discharge and court-martial,
are contained in the letter prepared by the appropriate office of the Air
Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM recommends the application be denied. JAJM states that there is
no legal basis for upgrading the applicant's discharge. The applicant
provides no compelling rationale to mitigate the approved dismissal given
the circumstances of the case. While clemency is an option, there is no
reason for the Board to exercise clemency in this case. JAJM opined that
the applicant's bad conduct discharge accurately reflects the character of
her service. The applicant has identified no error or injustice related to
her prosecution or the sentence.
The AFLSA/JAJM evaluation is at Exhibit C.
AFPC/DPPAE states that the reenlistment eligibility (RE) code 2B,
"separated with general or under-other-than-honorable conditions," is
correct. Waivers of RE codes for enlistment are considered and approved
based on the needs of the respective military service and recruiting
initiatives at the time of the enlistment inquiry.
The AFPC/DPPAE evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 January 2004, copies of the Air Force evaluations were forwarded to
the applicant for review and response. 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. After careful consideration of the
applicant’s request and the available evidence of record, we see no
evidence that would warrant an upgrade to her characterization of service
based on clemency, particularly in view of the seriousness of the offenses
of which the applicant stood convicted. Therefore, we agree with the
opinions and recommendations of the Air Force offices 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, 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 probable 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 AFBCMR
Docket Number 03-02680 in Executive Session on 12 February 2004, under the
provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Barbara R. Murray, Member
Mr. David C. Van Gasbeck, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jan 02, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 28 Aug 03.
Exhibit D. Letter, AFPC/DPPAE, dated 24 Nov 03
Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.
BRENDA L. ROMINE
Panel Chair
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