RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02153
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 JANUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Justice would not be served if she is not given a discharge upgrade. She
is entitled to an upgrade since more than six months have elapsed since her
discharge.
In support of her request, applicant provided a copy of her DD Form 214.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 May 1987, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) for a period of 4 years. She was progressively
promoted to the grade of airman first class (E-3), with a date of rank of
12 September 1988. She received an Airman Performance Report closing 22
August 1988 in which the overall evaluation was 8.
On 7 April 1988, 22 November 1988, 21 December 1988, 23 December 1988, 6
January 1989 and 13 January 1989, she received letters of counseling for
reporting to duty late, failure to attend a scheduled financial counseling,
failure to return to duty and failure to comply with uniform standards,
respectively.
On 9 May 1988, she received a verbal counseling for reporting late for a
security briefing.
From 30 October 1988 to 9 November 1988, the applicant was absent without
authority. For this incident, punishment under Article 15, Uniform Code of
Military Justice (UCMJ), was imposed. She received a reduction to airman
(suspended until 15 May 1989) 14 days of extra duty, 14 days restriction
and a reprimand.
On 19 December 1988, she received a letter of reprimand for operating her
vehicle without proper insurance and license.
On 17 December 1982, the applicant’s commander initiated discharge
proceedings against her under the provisions of AFR 39-10, paragraph 5-46,
for minor disciplinary infractions. The applicant was notified of her
commander’s recommendation and that a general discharge was being
recommended. She was advised of her rights consulted counsel and submitted
statements in her own behalf. In a legal review of the discharge case
file, the staff judge advocate found it legally sufficient and recommended
that she be discharged from the Air Force with a general discharge and
concurred with the commander that the applicant not be considered for
probation and rehabilitation. On 27 March 1989, the discharge authority
directed that she be discharged with a general under honorable conditions
discharge. Subsequently, the applicant was discharged under the provisions
of AFR 39-10 (Misconduct – Pattern of Minor Disciplinary Infractions) and
received a General (Under Honorable Conditions) discharge. She served 1
year, 10 months, and 26 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the applicant,
which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS states that based
upon the documentation in the file, they conclude that the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and that the applicant did not identify any errors or
injustices in the discharge processing. The Air Force 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
4 August 2006 for review and comment within 30 days. As of this date, this
office has received no response.
___________________________________________________________________
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 and the available evidence of record, we see no
evidence that would warrant an upgrade of her characterization of service.
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 to honorable on the basis of clemency. In view of the
above and in the absence of evidence to the contrary, we find no basis to
favorably consider her request.
___________________________________________________________________
THE BOARD DETERMINES THAT:
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 Docket Number BC-2006-02153
in Executive Session on 13 September 2006, under the provisions of AFI 36-
2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Gary G. Sauner, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02153:
Exhibit A. DD Form 149, dated 11 Jul 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Identification Record Number 896304HB7,
dated 3 Aug 06.
Exhibit D. Letter, AFPC/DPPRS, dated 27 Jul 06.
Exhibit E. Letter, SAF/MRBR, dated 4 Aug 06.
MICHAEL J. MAGLIO
Panel Chair
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