RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03865
INDEX CODE: 110.02
COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Jun 23, 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her under other than honorable conditions discharge be upgraded to
honorable.
The reason for discharge be changed to convenience of the government.
Her reenlistment code (RE code) be changed to a “1.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to her discharge in 1988, she was romantically involved with a Lt Col
that she worked for. The individual later became her squadron commander.
After almost 20 years of psychiatric treatment for major depression and
post traumatic stress disorder, she was finally able to admit the Lt Col
raped her on two separate occasions. She accepted all the blame and guilt
for the affair and rapes for many years.
She feels a court-martial or discharge was too harsh a punishment. She
also believes the Lt Col manipulated her situation to protect his own
interests personally and professionally.
At the time, she was extremely depressed and confused. She tried to commit
suicide days prior to her discharge. She was denied mental health
treatment and medication.
She was incapable of understanding what was happening to her at the time or
the long-term ramifications. She was very ill and unable to defend herself
or her actions.
She believes the time restriction should be waived because her illness kept
her from addressing the issue of her discharge for many years.
Her memory and ability to think have been severely impaired.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered her last active duty Air Force enlistment on 29 Mar
86. At the time of her discharge she had a total of 15 years, 5 months,
and 18 days total active federal service.
The records indicate the applicant was referred to Mental Health on
commander-directed evaluations on four occasions, and on all occasions, she
refused to provide information to Mental Health personnel.
The applicant’s misconduct consist of three Article 15s, counselings for
dormitory violations, three Letters of Counselings, one Letter of
Reprimand, a civil arrest for unlawfully carrying a weapon, a civil arrest
for possession of illegal drugs for resale, an Unfavorable Information File
(UIF) for substandard duty performance, placement on the Control Roster,
and absent without leave (AWOL).
On 4 Mar 88, the applicant requested discharge in lieu of trial by court-
martial.
On 15 Mar 88, the applicant requested withdrawal of her request for
discharge in lieu of court-martial.
On 16 Mar 88, the discharge authority accepted her request for discharge in
lieu of court-martial.
On 18 Mar 88, a Sanity Board ruled the applicant had a borderline
personality disorder and had sufficient mental capacity to understand the
nature of the proceedings and to conduct or cooperate intelligently in her
defense
On 15 Apr 88, the applicant acknowledged her discharge actions would
continue to proceed.
On 24 May 88, the applicant was placed into pre-trial confinement pending
separation.
The applicant was discharged on 25 May 88 with an under other than
honorable conditions discharge.
Department of Veterans Affairs records indicate the applicant is currently
being treated for post traumatic stress disorder.
Pursuant to the Board’s request, the Federal Bureau of Investigation
provided a copy of an Investigative Report, Number 289361P6, which is at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
None. The applicant has not shown the characterization of her discharge
was contrary to the provisions of AFR 39-10, Enlisted Personnel,
Administrative Separation of Airmen, Chapter 4 (extract copy of applicable
portion attached as Exhibit D). Nor has she shown the nature of the
discharge was unduly harsh or disproportionate to the offenses committed.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the FBI report and post-service information bulletin were
forwarded to the applicant on 10 Jul 07 for review and comment within 30
days (Exhibit E). As of this date, this office has not received a
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. It appears that responsible officials
applied appropriate standards in effecting the separation, and we do not
find evidence that pertinent regulations were violated or that applicant
was not afforded all the rights to which entitled at the time of discharge.
We do not find her uncorroborated assertions sufficient to persuade us
that an error or injustice exists warranting the requested corrections.
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-2006-03865
in Executive Session on 21 August 2007, under the provisions of AFI 36-
2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Gregory A. Parker, Member
Mr. Steven A. Cantrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, w/atch, dated 10 Nov 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Extract, AFR 39-10
Exhibit E. Letter, AFBCMR, w/atchs, dated 10 Jul 07.
LAURENCE M. GRONER
Panel Chair
AF | BCMR | CY2004 | BC-2004-01808
The applicant in March 1982 presented for care in the mental health clinic with nervousness and depressive symptoms due to “too much stress on flight line (his crew chief).” His medical records also reflect the applicant was evaluated for alcohol abuse in March 1983, with no other details listed. The evidence in the record shows a diagnosis of a personality disorder, however, the record also shows that the applicant’s duty performance was excellent. There is no indication in the record...
AF | BCMR | CY2005 | BC-2005-02478
Headquarters Twenty-Second Air Force/JA reviewed the case and found it legally sufficient and recommended applicant’s request for discharge in lieu of trial by court-martial be approved. On 18 February 1990, the applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting his UOTHC discharge be upgraded to honorable. The AFDRB reviewed the evidence of record and concluded the discharge was consistent with procedural and substantive requirements of the...
AF | BCMR | CY2009 | BC-2008-01308
On 13 January 1993, the applicant was notified of his commander's intent to recommend him for a general discharge for minor disciplinary infractions. The commander advised the applicant of his rights, and, on 19 January 1993, after consulting with counsel, he submitted a statement appealing that his discharge be characterized as honorable rather than general. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us...
AF | BCMR | CY2008 | BC-2008-00172
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00172 INDEX CODE: 110.00 XXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. In support of his request, applicant provided a personal statement, documentation associated with the Court of...
AF | BCMR | CY2008 | BC-2007-02864
In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that he be discharged from the Air Force with a general discharge and concurred with the evaluation officer that the applicant not be considered for probation and rehabilitation. Exhibit D. Letter, AFBCMR, dated 29 Nov 07. Exhibit E. Letter, AFBCMR, dated 29 Nov 07, w/atch.
AF | BCMR | CY2006 | BC-2006-03007
_________________________________________________________________ APPLICANT CONTENDS THAT: He believes that his time in service including his previous five years of honorable service demonstrates that his discharge was rather harsh punishment for the trivial matter that occurred during his last enlistment. On 1 March 1960, the applicant was notified of his commander’s intent to recommend him for discharge from the Air Force under the provisions of Air Force Regulation (AFR) 39-16. After...
AF | BCMR | CY2004 | BC-2004-01050
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01050 INDEX NUMBER: 110.02 COUNSEL: J.C. HERNANDEZ HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation be changed. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. Applicant's Master Personnel Records Exhibit C. Letter,...
AF | BCMR | CY2004 | BC-2004-00390
Applicant was discharged on 17 Jun 72, in the grade of airman first class, under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program (unsuitability), and received an under honorable conditions (general) discharge. He served on active duty for a period of 2 years, 9 months, and 26 days. A complete copy of the Air Force evaluation is at Exhibit...
AF | BCMR | CY2007 | BC-2006-03754
_________________________________________________________________ STATEMENT OF FACTS: The applicant’s last period of active duty in the Air Force began on 8 Feb 82. On 23 Mar 88, the discharge authority approved the separation and directed the applicant be discharged with a general (under honorable conditions) discharge. As of this date, this office has not received a response (Exhibit E).
AF | DRB | CY2003 | FD2002-0365
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | b:9992-0365 GENERAL: The applicant appeals for upgrade of discharge to Honorable. b. Grade Status: A1C - 29 Aug 89 (Article 15, 29 Aug 89) SrA - 25 Feb 89 Alc - 25 Feb 87 Amn - 25 Aug 86 c. Time Lost: None. | Wright-Patterson AFB, Ohio 25 Feb 86 7.