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AF | BCMR | CY2006 | BC-2006-00295
Original file (BC-2006-00295.doc) Auto-classification: Denied

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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