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AF | BCMR | CY2007 | BC-2006-03754
Original file (BC-2006-03754.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03754
            INDEX CODE:  110.02
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Jun 10, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general (under honorable conditions) discharge be upgraded to  honorable
and reinstatement to the grade of staff sergeant (E-5).
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her discharge was inequitable in part because it was based on  one  isolated
incident in 10 years of honorable service  with  no  other  adverse  action.
She regrets her mistake tremendously since she has had to  carry  the  shame
and embarrassment, guilt and remorse.

She is currently a  100  percent  service-connected  disabled  veteran.  The
Oregon regional Veterans Administration (VA) rated her claim as  70  percent
with 30 percent un-employability.

She did not use judgment and now sees that she wanted to cover the  pain  of
being a victim of, first, childhood and then  military  sexual  trauma.  She
had hoped by joining the Air Force she would be  safe  from  predators.  She
reported it to her First Sergeant but he just  moved  her  to  another  work
area.

She did not know she could have pushed for further  action.   She  was  just
told to be quiet about it.  She was young and did not  report  or  get  help
the first time she was raped.  She  states  after  the  first  incident  was
swept under the rug, she declined being raped again in  Iceland  by  a  6’7”
Seabee.

She loved the Air Force and volunteered at any given chance and has  led  an
exemplary life since her discharge.   She  worked  for  8  years  as  a  911
dispatcher until she was no longer able to due to  her  worsening  symptoms,
which were devastating.

She has not had any legal problems since being discharged.

After her first incident  with  her  supervisor,  she  blocked  it  out  for
several years.  She further stated she  attended  the  National  Center  for
Post Traumatic Stress Disorder (PTSD) and found it was  common  to  convince
yourself that {incident with her supervisor} was a good time in your life.

She joined the Air Force for security, service, safety, and discipline

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s last period of active duty in the Air Force began on  8  Feb
82.  She served for a period of 6 years, 11 months, and  24  days.   Her  DD
214, Certificate of Release or Discharge from Active Duty, reflects she  had
prior service credit for 3 years, 11 months, and 14 days.

On 8 Feb 88, the applicant received an Article 15 for the use of  marijuana.
 The applicant pleaded for leniency with regards to forfeiture  of  pay  and
received a reduction in grade and vacation of noncommissioned officer  (NCO)
status.

On 4 Mar 88, the applicant’s commander notified  her  of  pending  discharge
actions for drug abuse.  He informed  her  he  was  recommending  a  general
(under honorable conditions) discharge.

On 7 Mar  88  and  after  consulting  counsel,  the  applicant  submitted  a
conditional waiver of her rights contingent upon receiving no  less  than  a
general (under honorable conditions) discharge.

On 15 Mar 88, the base legal office reviewed the case and found  it  legally
sufficient to support separation and recommended  the  applicant  receive  a
general  (under  honorable  conditions)  discharge  without  probation   and
rehabilitation.

On 23 Mar 88, the discharge authority approved the separation  and  directed
the applicant be discharged with  a  general  (under  honorable  conditions)
discharge.  The applicant was discharged on 1 Apr 88 with a  general  (under
honorable conditions) discharge without probation and rehabilitation.

A resume of the applicant’s airman performance reports (APRS) follows:

     Closeout Date                      Overall Rating

           23 Feb 79                         8
       29 Jan 80                        9
           29 Jan 81                         9
           29 Jan 82                         9
       29 Jan 83                        9
       29 Jan 84                        9
       14 Jun 85                        8
       17 Mar 86                        9

         Closeout Date                  Overall Rating

       17 Mar 87                        9
            2 Jan 88                                     9

On 17 Apr 91, the Discharge Review Board denied the applicant’s request  for
an upgrade of discharge.

On 26 Sep 01, the VA denied the applicant’s claim for post traumatic  stress
disorder, personality disorder, and depression.

On 1 Aug 03, the VA rated the applicant as  70  percent  disabled  for  post
traumatic stress disorder with depression and panic  disorder.   Her  rating
was increased to 100% on 8 Dec 03.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., indicated that on the basis of the  data  furnished,  they
were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on 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.   She  provided  no
facts warranting a  change  to  her  general  (under  honorable  conditions)
discharge or to be reinstated to active duty.

The complete evaluation of AFPC/DPPRS is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30  Jan
07 for review and comment within 30 days.  As of this date, this office  has
not received a 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  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.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

_______________________________________________________________

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-2006-03754
in Executive Session on 17 April 2007, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Rita J. Maldonado, Member
      Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jan 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Request, dated 6 Feb 07.
    Exhibit D.  Memo, AFPC/DPPRS, dated 24 Jan 07.
    Exhibit E.  Letter, SAF/MRBR, dated 2 Feb 07.




                                   RICHARD A. PETERSON
                                   Panel Chair

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