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AF | BCMR | CY2007 | BC-2006-02736
Original file (BC-2006-02736.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-02736
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NO

                                   HEARING DESIRED:  NO

MANDATORY COMPLETION DATE: 13 MARCH 2008
__________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

She was advised during her court martial that she would receive  a  general
under other than honorable conditions discharge; however, she did not.   In
addition, she never signed her DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty and was unaware  she  was  discharged  from  the
United States Air Force (USAF).

In support of the appeal, the applicant submits a copy of her DD Form 214.

The complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the USAF on 20 January 1988 in the  grade  of  airman
basic.  On 29 September 1989 the applicant was convicted  by  court-martial
and received a bad conduct discharge.  The specific reasons for this action
were on 14 February 1989 she was found guility of  violating  Article  121,
Larceny and wrongful appropriation and Article 123, Forgery.  Specifically,
the applicant stole a checkbook from another airman and forged the airman’s
name on three checks totaling $160.00.   She also forged another  check  in
the amount of $100.00 at the Federal Credit Union.  In addition to the  bad
conduct discharge, she was sentenced to confinement for two months, ordered
to forfeit $400.00 of her pay per month for two months and reduced  to  the
grade of airman basic.


She served a total of 1 year, 8 months and 10 days on active duty.

Pursuant to the Board’s request, the FBI indicated that on the basis on the
data furnished, they were unable to locate an arrest record.  (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  discharge  was  consistent
with  the  procedural  and  substantive  requirements  of   the   discharge
regulation.  In addition, the discharge was within the sound discretion  of
the discharge authority.  She did not submit any new evidence  or  identify
any errors or injustices that occurred in  her  discharge  processing  that
would warrant an upgrade of her bad conduct discharge.

The complete 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  3
November 2006 for review and comment within 30 days.  As of this date, this
office has received no response (Exhibit E).

________________________________________________________________

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 an error or injustice.   After  careful  consideration  of  the
available evidence, we found no indication that the characterization of  her
service  was  improper,  contrary  to  the  provisions  of   the   governing
regulations in effect at the time, or based on factors other  than  her  own
misconduct.  Therefore, we agree with the opinion and recommendation of  the
Air Force office of primary responsibility and adopt its  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.

________________________________________________________________





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 AFBCMR Docket Number  BC-2006-
02736 in Executive Session on 10 January 2007, under the provisions  of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 September 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, 31 October 2006.
      Exhibit D.  Letter, AFPC/DPPRS, dated 26 September 2006.
    Exhibit E.  Letter, SAF/MRBR, dated 3 November 2006.




                                   JAMES W. RUSSELL III
                                             Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]

Office Of The Assistant Secretary


AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX
XXXXXXX
XXXXXXX

XXXXXXX

      Reference your application, AFBCMR BC-2006-02736 submitted under the
provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings




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