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AF | BCMR | CY2006 | BC-2006-00432
Original file (BC-2006-00432.doc) Auto-classification: Denied

                       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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