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AF | BCMR | CY2008 | BC-2007-02281
Original file (BC-2007-02281.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02281
                                             INDEX CODE:  110.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her general (under honorable  conditions)  discharge  be  upgraded  to
honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

The general discharge does not reflect her character, moral values, or
ethics.

In  support  of  her  application,  applicant  provided   a   personal
statement, a letter from the Department of Veteran Services,  Pinellas
County, a copy of VA Form 21-4138, Statement in Support  of  Claim,  a
copy of DD Form 214, Certificate of Release or Discharge  from  Active
Duty; post-service letters, and an unofficial college transcript  from
Central Florida Community College.

Applicant’s complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 February 1985 for  a
period of four years and was progressively promoted to  the  grade  of
airman first class.

On 16 December 1985, the squadron  commander  notified  the  applicant
that he was recommending she be discharged  from  the  Air  Force  for
having a character and behavior disorder.  The  commander  recommended
she receive a general (under  honorable  conditions)  discharge.   The
reasons for the proposed action were:

      (1) On 27 November 1985, a report of  mental  health  evaluation
revealed that the applicant had a Narcissistic  Personality  Disorder.
The evaluation recommended strong consideration  should  be  given  to
administratively separating the applicant.

      (2) On 25 September 1985, she received a Letter of Reprimand for
failure to report.

      (3) On 6 September 1985, she received a Letter of Counseling for
failure to pass her room inspection.

      (4) On 23 July 1985, she received  a  Letter  of  Reprimand  for
failure to go.

      (5) On 17 July 1985, she received an Article 15 for fail to go.

      (6) On 15 July 1985, she received a  Record  of  Counseling  for
failure to show up for work on 13 and 14 July 1985.

      (7) On 11 July 1985, she received a  Record  of  Counseling  for
reporting late for work.

On 17  December  1985,  the  applicant  acknowledged  receipt  of  the
notification of discharge and after  consulting  with  legal  counsel,
submitted a statement in her own behalf.

On 7 January 1986, the  Staff  Judge  Advocate  found  the  case  file
legally sufficient to support discharge from the Air Force  under  AFM
39-10  and  recommended  she  receive  a  general   (under   honorable
conditions) discharge.

On 8 January 1986, the discharge authority approved the separation and
directed that  the  applicant  be  separated  with  a  general  (under
honorable conditions) discharge.

On 10 January 1986, the applicant  was  discharged  in  the  grade  of
airman (E-2), under the provisions of  AFR  39-10,  for  Misconduct  –
Pattern of Minor Disciplinary  Infractions  and  furnished  a  general
(under honorable conditions) discharge.  She served 10 months  and  16
days of active military service.

In  response  to  the  Board's  request,   the   Federal   Bureau   of
Investigations (FBI)  provided  a  copy  of  an  investigative  report
pertaining to the applicant.

On 17  October  2007,  a  request  for  post-service  information  was
forwarded to the applicant for response within 30  days  (see  Exhibit
D).

________________________________________________________________

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.   The  Board  finds  no  impropriety  in  the  characterization  of
applicant's discharge.  It appears that responsible officials  applied
appropriate standards in effecting the separation, and we do not  find
persuasive evidence that pertinent regulations were violated  or  that
applicant was not afforded all the rights to  which  entitled  at  the
time of discharge.  The applicant has not shown  the  characterization
of the discharge was contrary  to  the  provisions  of  the  governing
regulation, nor has it been shown the  nature  of  the  discharge  was
unduly  harsh  or  disproportionate   to   the   offenses   committed.
Considered alone, we conclude the discharge  proceedings  were  proper
and characterization of the discharge was appropriate to the  existing
circumstances.

4.  Consideration of this Board, however, is not limited to the events
which precipitated the discharge.  We  have  a  Congressional  mandate
which  permits  consideration  of  other  factors;  e.g.,  applicant's
background,  the  overall  quality  of   service,   and   post-service
activities and accomplishments.  Further, we may base our decision  on
matters of equity and clemency rather than simply on whether rules and
regulations which existed at the time were followed.  This is  a  much
broader consideration than officials involved in  the  discharge  were
permitted, and our decision in  no  way  discredits  the  validity  of
theirs.

5. Taking into consideration the available  post-service  information,
it appears likely that applicant has overcome  the  behavioral  traits
which led to the discharge action and has led a stable and  productive
life since the separation.  We recognize the  adverse  impact  of  the
discharge  the  applicant  received;  and,  while  it  may  have  been
appropriate at the time, we believe it would be an injustice  for  the
applicant to continue to suffer its  effects.   Accordingly,  we  find
that corrective action is appropriate on the  basis  of  clemency  and
recommend the records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  on       10  January
1986,  she  was  honorably  discharged  and  furnished  an   Honorable
Discharge Certificate.

________________________________________________________________





The following members of the Board considered AFBCMR Docket Number BC-
2007-02281 in  Executive  Session  on  28  November  2007,  under  the
provisions of AFI 36-2603:

     Ms. Charlene M. Bradley, Panel Chair
     Ms. Karen A. Holloman, Member
     Mr. Wallace F. Beard, Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Jul 07, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation, dated 13 Aug 07.
     Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 07.





                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR BC-2007-02281




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show  that  on  10
January 1986, she was honorably discharged and furnished an  Honorable
Discharge Certificate.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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