RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01285
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 OCTOBER 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for her discharge be changed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She initiated the discharge action and inaccurate
mischaracterizations and allegations were used against her.
In support of her appeal, applicant submitted a personal statement, a
Report of Investigation, a copy of her DD Form 214, and an
Application for Admission to the Bar of Maryland.
Applicant’s complete submission, with attachments, is attached at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 January 1989 in
the grade of airman basic (E-1) for a period of four years.
The applicant’s commander notified her that he was recommending her
for discharge for unsatisfactory duty performance. The specific
reasons for the discharge action were:
a. On 11 April 1989, the applicant was counseled regarding
her lackluster attitude during class.
b. On 1 May 1989, the applicant was counseled and placed on
remedial instruction and probation for failing her Module 3 test.
c. On 8 June 1989, the applicant was interviewed for failing
to meet the requirements of the Reading/Writing and Listening
Comprehension portion on Proficiency Aptitude Test 1.
d. On 9 June 1989, the applicant made comments indicating
that she wanted out of the AF and would do just about anything to get
out. She also wrote a poem saying keeping her in the AF could
possibly or would be a danger to other people. She also stated if she
were put in a job fixing airplanes, she might not tighten a bolt
enough, and could not be responsible for people’s lives. On another
occasion she stated she would tell the AF that she was a communist and
studying communism.
e. On 15 June 1989, the applicant was dropped from her class.
f. On 15 June 1989, the applicant underwent a mental status
evaluation. The evaluation determined the applicant demonstrated
developmental/personality characteristics that contributed to her
difficulty adjusting to the demands of a military environment.
g. On 14 July 1989, the applicant received an Article 15 for
being Absent Without Leave (AWOL) from 5 July 1989 to 8 July 1989.
The commander advised the applicant of her right to consult legal
counsel, that military legal counsel had been obtained for her, of
her right to submit statements in her own behalf, and that failure to
consult counsel or to submit statements would constitute a waiver of
her right to do so.
On 3 August 1989, the applicant acknowledged receipt of the
notification of discharge and after consulting with legal counsel
submitted a statement in her own behalf.
On 16 August 1989, a legal review was conducted in which the staff
judge advocate recommended the applicant receive an under honorable
conditions (general) discharge without probation and rehabilitation.
On 28 February 1983, the discharge authority approved the separation
and directed that the applicant be discharged with a general
discharge without probation and rehabilitation.
The applicant was separated for unsatisfactory performance from the
AF on 6 September 1989 in the grade of airman with a general
discharge. She was credited with 7 months and 22 days of active
service.
___________________________________________________________________
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 an error or an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we find the applicant has failed to sustain her burden of
proof that she has suffered either an error or an injustice. Based on
the documentation in the applicant's records, it appears that the
processing of the discharge was appropriate and accomplished in
accordance with the applicable Air Force regulation. The applicant
has not shown the characterization of her service was contrary to the
provisions of the applicable regulation. Nor has she shown the nature
of the discharge was unduly harsh or disproportionate to the offenses
committed. 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 AFBCMR Docket Number BC-
2007-01285 in Executive Session on 12 September 2007 under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Richard K. Hartley, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Apr 07, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Extract AFR 39-10.
MICHAEL J. NOVEL
Panel Chair
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