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AF | BCMR | CY2006 | BC-2006-02153
Original file (BC-2006-02153.doc) Auto-classification: Denied

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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