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AF | BCMR | CY2007 | BC-2006-03865
Original file (BC-2006-03865.doc) Auto-classification: Denied

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




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