RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00432
INDEX CODE: 110.02
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 JUL 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her bad conduct discharge (BCD) be upgraded to a general (under
honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her discharge was too harsh; she was immature at the time and is now a
good citizen.
In support of her request, the applicant provides DD Form 214,
Certificate of Release or Discharge from Active Duty and Special Court-
Martial (SPCM) Order No. 51.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
27 September 1978 for a term of 4 years. She was convicted by SPCM
Order Number 51, dated 14 November 1980, for absenting herself from
her organization, without authority from 3 September 1979 to 20 August
1980. She pleaded guilty to the specification and was found guilty.
The applicant was sentenced to be discharged from the service with a
BCD, confinement at hard labor for three months, forfeiture of $224.00
per month for three months, and reduction to the grade of airman
basic. On 10 February 1982, she received a BCD. She served a total
of 2 years, 2 months and 20 days of active duty service, excluding 419
days of lost time (350 days AWOL, 3 September 1979 through 19 August
1980 and 69 days confinement, 14 October 1980 through 22 December
1980).
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 27 February 2004, that on the basis of
the data furnished they were unable to locate an arrest record
(Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states 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 he provide any facts warranting a change to her character of
service.
The DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
10 Mar 06, 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 error or injustice. Evidence has not been provided
to show the applicant's discharge was erroneous or unjust. The
applicant's discharge was based on her Special Court-martial
conviction. While we are precluded by law from reversing a court-
martial conviction, we are authorized to correct the records to
reflect actions taken by reviewing officials and to take action on the
sentence of a military court based on clemency. We have considered the
applicant’s overall quality of service, the events which precipitated
the discharge and the absence of evidence related to her post-service
activities and accomplishments. There is nothing in the available
record that would cause us to disturb the actions of the reviewing
officials in this case. Therefore, 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-2006-
00432 in Executive Session on 12 July 2006, under the provisions of
AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Debra K. Walker, Member
Ms. Judith B. Oliva, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Response, dated 5 Jul 06.
Exhibit D. Letter, AFPC/DPPRS, dated 1 Mar 06.
Exhibit E. Letter, SAF/MRBR, dated 10 Mar 06.
B. J. WHITE-OLSON
Panel Chair
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