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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