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AF | BCMR | CY2006 | BC-2006-02504
Original file (BC-2006-02504.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02504
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  17 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  under  honorable  conditions  (general)  discharge   be   upgraded   to
honorable.

_________________________________________________________________
APPLICANT CONTENDS THAT:

Her discharge was based on her inability to maintain weight  standards.   In
the early  years  of  the  Air  Force,  there  were  no  experts  in  weight
management.  She was not counseled on how to lose and maintain  a  desirable
weight.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________
STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 8 Feb 73,  for  a  period  of
four years in the grade of airman basic.  Her highest grade held  was  staff
sergeant.

On 1 Mar 85, the squadron commander  notified  the  applicant  that  he  was
recommending she be discharged from  the  Air  Force  for  exceeding  weight
standards, and  minor  disciplinary  infractions.   The  minor  disciplinary
infractions include: (1)  On  1  Jul  83,  applicant  was  derelict  in  the
performance of her assigned duty as  senior  tower  controller  on  duty  by
being asleep on duty, she received a Letter of Reprimand; and (2) On 29  Jun
84, applicant received  an  Article  15  for  failure  to  go  at  the  time
prescribed to her appointed place of  duty.   The  commander  recommended  a
general (under honorable conditions) discharge.

On 1 Mar 85, applicant acknowledged receipt of  the  discharge  notification
and that she had consulted with military counsel.  On 4  Mar  85,  applicant
offered  a  conditional  waiver   of   the   rights   associated   with   an
administrative discharge board hearing, contingent  on  her  receipt  of  no
less than an under honorable conditions (general) discharge.  On 21 Mar  85,
applicant received an addendum to the  1  Mar  85  Letter  of  Notification,
explaining that contrary to the 1 Mar 85 letter, the discharge action  could
result  in  an  Under  Other  Than  Honorable  Conditions  Discharge.    The
applicant acknowledged receipt of the amended letter  and  again  offered  a
conditional  waiver  of  the  rights  associated  with   an   administrative
discharge board hearing, contingent  on  her  receipt  of  no  less  than  a
general discharge.

The base legal office and Headquarters 12th Air Force legal office  reviewed
the  case  and  found  it  legally  sufficient  to  support  separation  and
recommended the  conditional  waiver  be  accepted  and  that  applicant  be
discharged with an under honorable conditions (general) discharge.

On 17 Apr 85, the discharge authority accepted the  conditional  waiver  and
directed that applicant be discharged with  an  under  honorable  conditions
(general) discharge without probation and rehabilitation.

Applicant was discharged on 24 Apr 85,  in  the  grade  of  staff  sergeant,
under the provisions of AFR 39-10, by reason  of  misconduct  –  pattern  of
minor disciplinary infractions – board  waiver),  with  an  under  honorable
conditions (general) discharge.  She was credited with a total 12  years,  2
months, and 17 days of active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be  denied  and  states,  in  part,
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  evidence  or  identify  any  errors  or
injustices that occurred in the  discharge  processing.   Additionally,  the
applicant provided  no  facts  warranting  a  change  to  her  character  of
service.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 Sep 06, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant 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
available evidence, the discharge appears  to  be  in  compliance  with  the
governing  regulation  and  we  find  no  evidence  to  indicate  that   her
separation from the Air Force was inappropriate.   We find  no  evidence  of
error  in  this  case  and  after  thoroughly  reviewing  the  documentation
submitted in support of applicant’s  appeal,  we  do  not  believe  she  has
suffered from an injustice.  We  note  the  applicant’s  discharge  was  not
based solely on her inability to maintain weight  standards,  but  also  her
minor disciplinary infractions.  Therefore, based on the available  evidence
of record, we find no basis upon which to favorably consider her request.

_________________________________________________________________

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-
02504 in Executive Session on 31 October 2006, under the provisions of AFI
36-2603:

      Ms. Martha J. Evans, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Jan Mulligan, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
02504 was considered:

    Exhibit A.  DD Form 149, dated 22 Sep 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 1 Sep 06.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06.




                                             MARTHA J. EVANS
                                             Panel Chair


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