RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00295
INDEX CODE: 110.
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 4 JUNE 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
Her undesirable discharge (under other than honorable conditions) be
upgraded to general or honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of her discharge, she was “in the throes” of alcoholism. She
has been without legal trouble, alcohol and drug free for over 24 years.
She wants to petition a discharge upgrade. She is unsure what
documentation would be required. She simply wishes to have her discharge
upgraded.
She submitted no supporting documentation. The applicant’s complete
submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 19 February 1976, the applicant enlisted in the Regular Air Force at the
age of 20 in the grade of airman basic. She was promoted to the grade of
airman effective and with a date of rank of 19 June 1976.
She was charged with a violation of the Uniform Code of Military Justice,
Article 86, with one specification alleging absence without leave (AWOL)
from 30 June 1976 through 26 October 1976. For this offense she received
an Article 15. She had no letters of reprimand or any prior administrative
involvement.
On 1 November 1976, after consulting with counsel, she requested discharge
for the good of service under the provisions of AFM 39-12, which provides
that an airman may be discharged pursuant to such request where her conduct
renders her triable by court-martial under circumstances which could lead
to a punitive discharge.
On 2 November 1976, the deputy commander concurred with the discharge
request without recommendation for rehabilitation. The staff judge
advocate reviewed the discharge case file and recommended approval because
of the applicant’s attitude, the recommendations of her commanders, the
total information contained in the file, and the benefit to the Air Force.
The discharge authority approved the recommended separation and directed
that the applicant be discharged and issued an Undesirable Discharge
certificate.
On 5 November 1976, the applicant was discharged under other than honorable
conditions (UOTHC) in the grade of airman, under the provisions AFM 39-12,
for the good of the service. She was credited with 10 months and 4 days on
active duty with 119 days of lost time.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the applicant
(Identification Record No. 541746L2), which is at Exhibit E.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states that based on the
documentation on file in the applicant’s 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. Additionally, the applicant did not submit any
evidence or identify any errors or injustices that occurred in the
discharge processing, and she provided no facts warranting an upgrade of
her discharge. 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 24
February 2006 for review and comment. On 22 March 2006, she was invited to
submit information pertaining to post-service activities. On 20 April
2006, a copy of the FBI report was forwarded to the applicant. To date,
this office has received no response to any of the aforementioned
correspondence (Exhibit D).
________________________________________________________________
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, we see no evidence that would warrant an upgrade of
her discharge to honorable. Other than her own assertions, the applicant
has provided no evidence that would lead us to believe the actions taken to
effect her discharge were improper, or that the information in her
discharge case file is erroneous. In addition, in view of the contents of
the FBI Identification Record we are not persuaded that the
characterization of the applicant’s discharge warrants an upgrade on the
basis of clemency. Therefore, having found no error or injustice with
regard to the actions that occurred while the applicant was a military
member, we conclude that no basis exists to grant favorable action on her
request.
________________________________________________________________
RECOMMENDATION OF THE BOARD:
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 AFBCMR BC-2006-00295 in
Executive Session on 8 June 2006, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. John B. Hennessey, Panel Member
Mr. Todd L. Schafer, Panel Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jan 06.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 15 Feb 06.
Exhibit D. Letters, SAF/MRBR, dated 24 Feb 06 and AFBCMR
Dated 22 Mar 06.
Exhibit E. FBI Report.
WAYNE R. GRACIE
Panel Chair
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