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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