RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02695
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 FEB 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She has been a productive citizen since her discharge. She has not
been in any trouble with authorities and has continually strived to
improve herself. At the time of her enlistment, she was 21 years
old and made some poor choices because of her immaturity. It was
her first time away from home and she relied heavily on her
husband. She was afraid of being separated from him and did some
things in order to be discharged with him. She is not the same
person and the things that she did then she would never consider
doing today.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 20 Nov 79, applicant enlisted in the Regular Air Force for a
period of four years in the grade of airman basic (E-1/AB). Prior
to the events under review she was promoted to the grade of airman
first class (E-3/A1C) with an effective date and date of rank of
9 Jul 80.
On 26 Mar 81, the squadron section commander initiated
administrative discharge action against the applicant for apathy,
and defective attitude due to her continued pattern of misconduct
and lack of concern to correct her attitude. The reasons for the
proposed actions were:
On 9 Dec 80, she received an Article 15 for failure to go at
the time prescribed to her appointed place of duty. Her punishment
consisted of reduction in grade to airman with an effective date
and date of rank of 9 Dec 80.
On 19 Feb 81, applicant received a letter of counseling for
being late for work.
On 10 Mar 81, she received a letter of reprimand and an
Article 15 for failure to go at the time prescribed to her
appointed place of duty. Her punishment consisted of reduction in
grade to airman basic and restriction to the base for 30 days.
On 31 Mar 81, after consulting with counsel and being advised of
her rights, applicant submitted requested the assistance of an
evaluation officer. On 3 Apr 81, an evaluation officer was
appointed. On 6 Apr 81, after being advised by the evaluation
officer, the applicant submitted statements in her own behalf. She
stated that she deserved to be discharged with an honorable
discharge certificate.
On 22 Apr 81, the squadron commander provided a supplemental
notification to the applicant advising her of other reasons for her
discharge:
On 8 Jan 81, a statement was prepared indicating that the
applicant’s husband stated that she used cocaine. On 4 Mar 81, a
military member related that the applicant had been observed
smoking what he believed to be marijuana.
On 5 Mar 81, another military member observed the applicant
and her husband passing back and forth a cigarette believed to be
marijuana.
On 23 Apr 81, applicant submitted a supplemental statement in her
behalf. On 24 Apr 81, the staff judge advocate, found the case
file legally sustainable to support the recommended discharge,
without probation or rehabilitation (P&R). On 27 Apr 81, the
discharge authority approved a general discharge, but found the
applicant was not a suitable candidate for P&R.
On 30 Apr 81, applicant was discharged under the provisions of
AFM 39-12 by reason of Unsuitable - Apathy and Defective Attitude-
Evaluation Officer, with service characterized as general (under
honorable conditions). She was credited with 1 year, 5 months, and
11 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, WV, indicated on 20 Sep 05, that, on the
basis of data furnished, they are unable to locate an arrest record
(Exhibit E).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended applicant’s request be denied. Based on
documentation in the file, they found the discharge consistent with
the procedural and substantive requirements of the discharge
regulation. Additionally, the discharge was within the sound
discretion of the discharge authority. They also noted applicant
did not submit any evidence or identify any errors or injustices
that occurred in the discharge processing and provided no other
facts warranting a change to her character of service.
A complete copy of the 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 16 Sep 05 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
On 20 Oct 05, applicant was invited to provide additional evidence
pertaining to her activities since leaving the service (Exhibit F).
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. The discharge
appears to be in compliance with the governing directives and we
find no evidence to indicate that his separation from the Air Force
was inappropriate. We find no evidence of error in this case and
after thoroughly reviewing the documentation that has been
submitted in support of applicant's appeal, we do not believe he
has suffered from an injustice. In addition, based on her overall
record of service and the absence of evidence related to her post-
service activities and accomplishments, we are not persuaded that
an upgrade of the characterization of her discharge is warranted on
the basis of clemency.
___________________________________________________________________
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-2005-02695 in Executive Session on 21 December 2005, under the
provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Vance E. Lineberger, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Aug 05, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 9 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 05.
Exhibit E. FBI Report, dated 30 Sep 05.
Exhibit F. Letter, AFBMCR, dated 20 Oct 05.
JAMES W. RUSSELL III
Panel Chair
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