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AF | BCMR | CY2007 | BC-2007-01138
Original file (BC-2007-01138.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01138
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 13 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her under other than honorable conditions (UOTHC) discharge be  upgraded
to honorable.

2.  Her rank be restored to Sergeant.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She was accused by her commander and  first  sergeant  of  signing  aircraft
forms and performing work on an aircraft that almost cost a pilot his  life.
 She was asked to sign paperwork admitting to it; however, when she  refused
she was court martialled.  During the court martial, she proved she  was  30
miles away under anesthesia having surgery.  Subsequently, the charges  were
dropped.  Afterwards, she was reprimanded for any  and  everything,  causing
her to loose a stripe and pay.  She believes the charges she was  discharged
under were trumped up by her leadership in retaliation for her  being  found
innocent of their accusations. In addition, her leadership wrote her  airman
performance report and ordered her reporting official to sign it.

In support of her request, applicant provided a copy of  her  DD  Form  214,
Report of Separation from  the  Armed  Forces  of  the  United  States,  and
Veterans Administration documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 15 May 1981.  On 23 January  1986
she was discharged for Misconduct-Pattern Conduct Prejudicial to Good  Order
and Discipline  with  reenlistment  eligibility  code  of  "2B",  Discharged
UOTHC, General or other-than-honorable conditions.

She served for a period of 4 years, 8 months, and 9 days of active duty.

The applicant’s military personnel records (MPR)  discussing  her  discharge
from the Air Force are no longer available.

In 1987 the Discharge Review Board  reviewed  her  case  and  concluded  her
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation and was within the discretion of  the  discharge
authority and that  the  applicant  was  provided  full  administrative  due
process.

No other military  service  records  pertaining  to  her  discharge  can  be
located;  therefore,  an  Air  Force  advisory  opinion  was  unable  to  be
accomplished.  The applicant did  not  submit  information  surrounding  her
discharge.

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 B).

_________________________________________________________________

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.  Based upon the presumption  of  regularity
in  the  conduct  of  governmental  affairs  and  without  evidence  to  the
contrary, we must assume that the applicant's discharge characterization  of
her service was  proper  and  in  compliance  with  appropriate  directives.
Therefore, based on the available evidence of record, we find no basis  upon
which to favorably consider 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-2007-01138,
in Executive Session on 8 August 07, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
            Mr.  Grover L. Dunn, Member
            Mr. Clarence R. Anderegg, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Apr 07.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 27 June 2007.
     Exhibit D.  Extract, AFR 39-10, 5-47b.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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