RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03367
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 7 MARCH 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation be corrected and her under honorable
conditions (general) discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband’s “misconduct” narrative reason for separation was
inadvertently put on her separation document.
In support of her application, the applicant submits copies of documents
excerpted from her Veteran’s Administration Records. The applicant’s
complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 March 1981, the applicant enlisted in the Regular Air Force at the
age of 18 in the grade of airman basic for a period of 6 years. After
completing basic military training the applicant was enrolled in the Fuels
Specialist Course.
On 16 July 1981, she operated a moped in the dorm. For this offense, she
received a Letter of Counseling (LOC). On 13 August 1981, she received an
LOC for failing to maintain proper control of her military driver’s
license. On 3 November 1981, she received an Article 15 for wrongful
possession of marijuana. For this offense, she was reduced to the grade of
airman and sentenced to 21 days of correctional custody. On 4 and 7
December 1981, she received a Memo for Record (MFR) for failing to
accomplish Bay Orderly detail tasks and reporting late for duty.
On 16 March 1982 she received an LOC for missing a scheduled appointment.
On 25 March 1982, she received a Letter of Reprimand (LOR) for reporting
late for duty. On 13 August 1982 she received an LOR for reporting late
for duty. On 14 August 1982, she received an LOC for not maintaining AFR
35-10 standards.
On 14 April 1983, she received an LOR for reporting late for duty. On 12
July 1983, she received an Article 15 for failure to go at the prescribed
time. For this offense, she was reduced to the grade of airman. On 13
July 1983, she received an LOC for substandard performance.
On 12 August 1983, the applicant’s commander notified the applicant that he
was recommending the applicant be separated from the Air Force under the
provisions of AFR 39-10 because of misconduct. The applicant was advised
of her rights. The applicant acknowledged receipt of the notification and
waived her right to submit statements in her own behalf. The commander
thereafter initiated a recommendation for the applicant’s separation.
In a legal review of the discharge case file dated 25 August 1983, the
assistant staff judge advocate, assigned to the staff of the discharge
authority, found the file was legally sufficient and recommended that the
applicant be separated from the service with a general discharge
certificate. The discharge authority approved the recommended separation
and directed the applicant be discharged for the reasons recommended by her
commander, without the offer of probation and rehabilitation.
On 8 September 1983, the applicant was discharged with a general (under
other than honorable conditions) discharge, having served 2 years 5 months
and 29 days on active duty in the Regular Air Force. An RE code of “2B”
(separated with less than an honorable discharge) was assigned.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the former member
(Identification Record No. 252455CB9) which is at Exhibit F.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS stated that 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. They also note that the applicant did not submit any
new evidence or identify any errors or injustices that occurred in the
discharge processing. She provided no facts warranting a change to her
character of service. DPPRS’s evaluation, with attachments, is at Exhibit
C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In her response to the Air Force evaluation dated 28 November 2005, the
applicant provided a detailed account of the events leading up to and
surrounding her discharge (Exhibit E). In response to the FBI report, the
applicant provided reference letters, drawings, pictures, a police report,
and her detailed explanation of events (Exhibit G).
________________________________________________________________
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. We find no impropriety in the
characterization of the applicant's discharge. It appears that responsible
officials applied appropriate standards in effecting the separation, and we
do not find persuasive evidence that pertinent regulations were violated or
that the applicant was not afforded all the rights to which entitled at the
time of discharge. We conclude, therefore, that the discharge proceedings
were proper and characterization of the discharge was appropriate to the
existing circumstances. Although the applicant has provided some
statements concerning her current characterization, we find these
statements insufficient to warrant an upgrade of her discharge on the basis
of clemency. In addition, in view of her apparent involvement with
civilian law enforcement since her separation and absent any evidence by
the applicant attesting to a successful post-service adjustment, we are not
inclined to favorably consider her request. Therefore, the applicant’s
request is denied.
________________________________________________________________
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 in Executive
Session on 20 April 2006, under the provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Debra Walker, Member
Mr. Elwood C Lewis III, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2005-03367:
Exhibit A. DD Form 149, dated 29 Sep 05 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 18 Nov 05.
Exhibit D. Letters, SAF/MRBR, dated 23 Nov 05; AFBCMR
dated 8 & 27 Dec 05.
Exhibit E. Applicant’s Rebuttal, dated 28 Nov 05.
Exhibit F. FBI Report.
Exhibit G. Letter, Applicant, dated 9 Jan 06 w/atchs.
MICHAEL J. MAGLIO
Panel Chair
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