RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01745
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 NOVEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her under honorable conditions (general) discharge be upgraded to
honorable and the narrative reason be changed to reflect high year of
tenure.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Mitigating financial circumstances were ignored, and the main
objective of her former commander was humiliation, devastation, and
excessive punishment.
In support of the appeal, applicant submits a personal statement and
newspaper article. Applicant's complete submission, with attachments,
is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted her initial enlistment in the Regular Air Force
on 15 September 1986 in the grade of airman first class for a period
of four years. She continued to reenlist and entered her last
enlistment in the grade of sergeant on 11 May 1998 for a period of six
years. She received 17 Airman Performance Reports (APRs), in which
the overall evaluations were “9,” “8,” “9,” “3,” “4,” “5,” “5,” “5,”
“5,” “5,” “4,” “4,” “3,” “3,” “4,” “2,” and “2.” During her last
extended enlistment, she was promoted to the grade of staff sergeant,
effective 1 April 1993.
On 24 October 1997, prior to entering her last enlistment, she
received an Article 15 for the following reason: On or about 8 August
1997, she violated a lawful general regulation, to wit: Air Force
Instruction 65-104, dated 1 May 1996, in that she willfully failed to
refrain from utilizing a government card for unofficial cash advances,
and purchases as it was her duty to do. Punishment consisted of
reduction to senior airman (suspended until 24 April 1998), and a
reprimand.
Applicant’s commander notified her on 8 February 2001 that he was
recommending discharge from the Air Force for minor disciplinary
infractions. The commander was recommending applicant receive an
under other than honorable discharge based on the following: (1) On 4
September 1998, she received an Article 15 for disorderly conduct.
Punishment consisted of reduction to the grade of senior airman
suspended until 3 March 1999, after which time it would be remitted
without further action, unless sooner vacated. (2) On 28 May 1999,
she received a Letter of Reprimand (LOR) for being indebted to
numerous businesses. (3) On 4 February 2000, she received an Article
15 for failure to obey a lawful general regulation by using her
supervisory position to persuade her subordinate to give her a loan
and by accepting a loan from an individual junior in rank. Punishment
consisted of reduction to grade the of senior airman, forfeiture of
$778 pay per month for 2 months, suspended until 1 August 2000, after
which time it would be remitted without further action unless sooner
vacated. (4) On 6 April 2000, she received an LOR for failure to go
at the time prescribed to the Health and Wellness Center for an
initial dietary counseling. (5) On 22 December 2000, she received an
Article 15 for being indebted to Bank of America and failing to pay
her debt. Punishment consisted of reduction to the grade of airman
first class. Both portions of the punishment were suspended.
Applicant acknowledged receipt of the notification of discharge and
did not waive her rights to a hearing before an administrative
discharge board or military counsel. She submitted statements in her
own behalf.
On 19 April 2001, applicant was notified that an administrative
discharge board would be convened to determine whether she should be
discharged from the United States Air Force under the provisions of
AFI 36-3208 for minor disciplinary infractions. The administrative
discharge board convened on 26 April 2001 and recommended applicant
receive an under other than honorable conditions discharge without
probation and rehabilitation.
The base legal office reviewed the administrative discharge board
action and found it legally sufficient and recommended applicant
receive an under other than honorable conditions discharge without
probation and rehabilitation.
The discharge authority approved the separation and directed that
applicant be discharged with an under other than honorable conditions
discharge without probation and rehabilitation.
The applicant was separated from the Air Force on 6 June 2001 under
the provisions of AFI 36-3208, Administrative Separation of Airmen
(misconduct), with an under other than honorable conditions discharge.
In total, she served 14 years, 7 months and 22 days on active duty.
The Air Force Discharge Review Board (AFDRB) denied applicant’s
request for upgrade of discharge to honorable and change of reason for
discharge on 10 January 2002 (Exhibit B).
On 27 June 2002, the Air Force Discharge Review Board again considered
all the evidence of record and concluded that the overall quality of
applicant’s service was more accurately reflected by an under
honorable conditions (general) discharge. Corrective action was taken
to change applicant’s DD Form 214 to reflect an under honorable
conditions (general) discharge (Exhibit B).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states based on the documentation on file in the master
personnel records, the discharge was consistent with the procedural
and substantive requirements of the discharge regulation. The
discharge was within the discretion of the discharge authority.
Therefore, they recommend denial of applicant’s request. A complete
copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided a statement commenting on the advisory opinion. In
summary she states that she is currently employed by a company that
manufactures engine parts for airplanes and helicopters. Nothing can
change the humiliation, mental stress, and sense of loss she has
suffered. She is concentrating on her future and the sky is the
limit. Based on the facts that she has presented and the questions
she has raised, she feels an honorable discharge with high year of
tenure as the narrative reason is not only deserved, but justified.
Applicant's complete response, with attachment, is attached at Exhibit
E.
_________________________________________________________________
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 reviewing the previous
documentation and noting the additional documentation submitted, we
are not convinced that the applicant’s request for an honorable
discharge should be granted. As stated, the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation and the discharge was within the discretion of the
discharge authority. We have considered applicant’s overall quality
of service, the events which precipitation the discharge and available
evidence related to post-service activities and accomplishments. We
note that the applicant did not submit any evidence or identify any
errors or injustices that occurred in the discharge processing. The
applicant believes her discharge and service characterization are
harsh. We disagree. In our opinion, based on the circumstances of
this case and the evidence provided, we do not believe relief greater
than that afforded to the applicant by the AFDRB is warranted. We
therefore agree with the opinion and recommendation of the office of
the Air Force and adopt its rationale as the basis for the conclusion
that the applicant has not been the victim of an error or injustice.
Accordingly, the applicant’s request is not favorably considered.
_________________________________________________________________
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 in
Executive Session on 20 September 2005, under the provisions of AFI 36-
2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. James A. Wolffe, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2005-01745 was considered:
Exhibit A. DD Form 149, dated 19 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, undated.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 05.
Exhibit E. Applicant’s Response, undated.
B. J. WHITE-OLSON
Panel Chair
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