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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