RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-04059
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

Her discharge was unfair and unjust, and she was not  given  a  fair  trial.
She did not have the proper guidance  or  counsel,  and  there  were  people
testifying against her who committed perjury and did not work with her.   At
the time of this injustice, she worked in the Orderly Room,  had  seen  this
happen to others, and felt there was no hope.

Prior to her discharge, her  record  was  without  incident.   Her  problems
began when she complained about racial jokes within  the  office  that  were
told in her presence.  Once she complained, she was  singled-out,  and  then
forced-out.  On several occasions, she was pushed  to  the  edge  to  defend
herself.  She made a few hasty decisions due to the undue  pressure  on  her
at that time, and most of the decisions were due  to  personality  conflicts
with those who brought charges against her.

Since her discharge, she has become a nurse and a productive  citizen.   She
has never had a problem with law enforcement officials and has raised  three
children.

In support of her appeal, she has  submitted  a  copy  of  a  DD  Form  293,
Application for the Review of Discharge from the Armed Forces of the  United
States.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force  (RegAF)  on  15 February  1983,
and served as an administrative specialist until her discharge.

On 2 May 1986, the applicant was  notified  of  her  commander's  intent  to
recommend her for a general discharge for  minor  disciplinary  infractions.
The commander stated the  following  reasons  for  the  proposed  discharge:


        a. Letter of Counseling (LOC), dated 25 July 1984, for, on or  about
           2 July 1984, failing to show for a dental appointment.


        b. LOC, dated 14 May 1985, for a speeding ticket (31 MPH in a 25 MPH
           zone).

        c. LOC, dated 14 August 1985, for,  on  or  about  13  August  1985,
           dereliction of duty for failing to  properly  fill  out  the  Log
           Book, and for disrespect to a Non-Commissioned Officer  (NCO)  by
           copying their words and mocking what was said.

        d. LOC, dated 22 August 1985, for,  on  or  about  21  August  1985,
           failing to maintain housing standards of the outside area of  her
           on-base living quarters.

        e. Letter of Reprimand (LOR), dated 14 November  1985,  for,  on  or
           about 14 November 1985, wearing her military sweater without  the
           appropriate rank, and for insubordination to an  NCO  by  stating
           “No, I don’t think so.” when told to remove her sweater.

        f. Memo for  Record  for,  on  or  about  21  November  1985,  being
           disrespectful to an officer by humming and  standing  in  a  very
           lackadaisical manner while being read her denial of  reenlistment
           paperwork, and for displaying the same mannerisms and chewing gum
           while being verbally counseled by her first sergeant.

        g. LOR, dated 10 January 1986, for, on  or  about  9  January  1986,
           being disrespectful to an NCO by ignoring a request to return  to
           the Orderly Room after being asked to do so on three occasions.

        h. Special Court-Martial on  16  April  1986,  for  failure  to  go.
           Applicant was found guilty and sentenced to a  reduction  to  the
           grade of airman (E-2), forfeiture of $300.00 per  month  for  one
           month, and restriction to the base for 30 days.

The commander advised the applicant of her  rights,  and,  on  2  May  1986,
after consulting with counsel, she waived her right to submit statements  in
her own behalf.

A legal review was conducted, and in an undated memorandum, the staff  judge
advocate recommended the applicant be separated with  a  general  discharge,
without probation and rehabilitation, and that she  be  issued  a  debarment
letter due to her continued disrespect for military authority.

On 13 May 1986, the applicant was discharged in the grade  of  airman  (E-2)
for misconduct –  pattern  of  minor  disciplinary  infractions,  under  the
provisions of AFR 39-10, paragraph 5-46, with  a  general  (under  honorable
conditions) service characterization.  She served  a  total  of  3 years,  2
months, and 29 days of total active service.

The applicant’s Airman Performance Report (APR) profile follows:

            PERIOD ENDING                    EVALUATION

             14 Feb 1984                           7
             23 Jan 1985                           8
             23 Jan 1986                           7

Her records indicate she is entitled to wear the Air Force Training Ribbon.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, indicated at Exhibit C that they were unable to identify  an
arrest record on the basis of the information furnished.

On 1 February 2008, a request for post-service information was forwarded  to
the applicant for response within 30 days.  However, as  of  this  date,  no
response has been received by this office.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge was consistent with the substantive requirements of the  discharge
regulation  and  within  the  commander's  discretionary   authority.    The
applicant’s contentions are noted; however, she has  not  provided  evidence
to support  these  contentions  or  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.   We  considered  upgrading  the  discharge  based  on  clemency;
however, we do not find the evidence presented is sufficient  to  compel  us
to recommend granting the relief sought on that basis.   Therefore,  in  the
absence of evidence to  the  contrary,  we  find  no  basis  upon  which  to
recommend granting the relief sought.

________________________________________________________________

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-2007-04059
in Executive Session on 13 March 2008, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Karen A. Holloman, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Dec 07, w/atch.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  USDOJ Negative FBI Report, dated 18 Jan 08.
    Exhibit D.  Letter, AFBCMR, dated 1 Feb 08, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair