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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