RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03501
INDEX CODE: 110.00
XXXXXXXXXX COUNSEL: NOT INDICATED
XXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 OCT 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She believes her discharge should have been upgraded to an honorable
after twelve months.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered into the Regular Air Force on 19 May 1981, for a
period of four years.
On 20 October 1983, her commander notified her, that he was
recommending she be discharged, under the provisions of AFR 39-10,
Administrative Separation of Airmen, for misconduct.
The basis for the action was that on 12 August 1983, she was derelict
in her duty in that she gave a classified message to a person not
authorized to receive it; on 24 June 1983, she was found asleep on
duty; on 10 June 1983, she was disrespectful to a noncommissioned
officer; on 11 June 1983, applicant was three hours late reporting to
duty; on 2 March 1983, she was derelict in her duty in that she failed
to properly check the message traffic allowing a classified message to
be delivered through unclassified means; between 17 and 20 January
1983, applicant failed to show for her semiannual weight check; on
8 December 1982, applicant failed to report to duty following a two
day break; on 2 December 1982, she was derelict in her duty in that
she failed to properly check the message traffic allowing a classified
message to be delivered through unclassified means; on 3 November
1982, she failed to report for aerobics testing; on 24 September 1982,
she was counseled for substandard duty performance, a poor attitude
toward her duties and being 30 minutes late for duty; on 21 September
1982, she failed to report to duty at the required time (22 minutes
late) and on 20 September 1982, she was 45 minutes late for duty.
She acknowledged receipt of the notification of discharge and after
consulting with legal counsel waived her right to submit statements in
her own behalf.
The base legal office reviewed the case and found the case was legally
sufficient to support discharge.
She was discharged on 4 January 1984, under the provisions of AFR 39-
10, Administrative Separation of Airmen, for (misconduct- pattern of
minor disciplinary infractions), with a general (under honorable
conditions) discharge. She served a total 2 years, 7 months and 16
days of active duty service.
On 9 July 1986, the applicant submitted an application to the Air
Force Discharge Review board (AFDRB) requesting her general (under
honorable conditions) discharge be upgraded to honorable.
The AFDRB considered all the evidence of record and concluded that the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the discretion
of the discharge authority and that she was provided full
administrative due process. The board further concluded that there
exists no legal or equitable basis for upgrade of the discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 18 January 2006, that on the basis of the
data furnished they were unable to locate an arrest record. (See
Exhibit E)
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states 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,
the applicant did not submit any new evidence or identify any errors
or injustices that occurred in the discharge
processing, nor did she provide any facts warranting a change to her
character of service.
The DPPRS 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 9
Dec 05, for review and comment within 30 days. 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 an error or injustice. After careful consideration
of the available evidence, we found no indication that the actions
taken to affect applicant’s discharge were improper or contrary to the
provisions of the governing regulations in effect at the time, or that
the actions taken against the applicant were based on factors other
than her own misconduct. The only other basis upon which to upgrade
her discharge would be clemency. However, applicant has failed to
provide documentation pertaining to her post service activities.
Should she provide documentary evidence pertaining to her post service
activities, we would be willing to reconsider her application. Based
on the available evidence of record, we find no basis upon which to
favorably consider this application.
_________________________________________________________________
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 Docket Number BC-2005-
03501 in Executive Session on 8 February 2006, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Dorothy P. Loeb, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Nov 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 1 Dec 05.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 05.
Exhibit E. FBI Response, dated 18 Jan 06.
THOMAS S. MARKIEWICZ
Chair
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