ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1996-03658
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general discharge be upgraded to honorable.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged on 15 Mar 93, with a general (under honorable
conditions) discharge under the provisions of AFR 39-10 by reason of
“Homosexuality - Acts.” She was credited with 14 years, 8 months, and 6
days of active duty service.
By letter, dated 9 Jul 97, the Board considered the applicant’s request
that her general discharge be upgraded to honorable and that she be
credited for her Delayed Enlistment Program (DEP) time. After considering
the evidence provided, the Board determined it was insufficient to find
error or injustice and denied the application (see the Record of
Proceedings (BC-1996-03658) at Exhibit E, with attachments).
In her most recent submission, she requests her discharge be upgraded and
contends that the statements made against her were lies and that justice
should prevail. In support of her appeal, the applicant submits a copy of
her DD Form 214, Certificate of Release or Discharge from Active Duty,
issued 15 Mar 93 and letters of character reference from long time friends.
The applicant’s complete submission, with attachments, is at Exhibit F.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report which is
attached at Exhibit G.
On 30 Dec 08, a copy of the FBI report was forwarded to the applicant for
comment. At that time, she was also invited to provide additional evidence
pertaining to his activities since leaving the service (Exhibit H).
In her response, the applicant states in 1994, her father opened a Bail
Bonding company, where she worked as a bonding agent. During this time,
someone lied on her saying that she had murdered someone; however, the case
was dismissed in court. In 1999, she was charged with two counts of check
fraud; however, she paid the full amount of the checks and the fines. She
is an honest and decent person and will do anything to help anyone. In
2003, she became disabled due to bipolar disorder. Additionally, she is a
member of the Church of Christ.
The applicant’s complete response, with attachments, is at Exhibit I.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
In an earlier finding, we determined that there was insufficient evidence
to warrant any corrective action regarding the applicant’s request for
upgrade of her general discharge to honorable. We have reviewed the
applicant’s most recent submission and find the evidence provided
insufficient to warrant a reversal of our previous determination in this
case. The applicant again has not provided any evidence that her service
characterization was improper or contrary to the provisions of the
governing regulation in effect at the time. 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. Accordingly, we find no basis to act favorably on her request for
upgrade of her general discharge.
_________________________________________________________________
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 this application in Executive
Session on 11 June 2009, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 9 Jun 97,
with Exhibits.
Exhibit F. DD Form 149, dated 19 May 08, w/atchs.
Exhibit G. FBI Report of Investigation.
Exhibit H. Letter, AFBCMR, dated 30 Dec 08, w/atch.
Exhibit I. Letter, Applicant, dated 27 Jan 09.
WAYNE R. GRACIE
Panel Chair
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS
CASE TRANSMITTAL / COORDINATION RECORD
IN THE MATTER OF: DOCKET NO:
XXXXXXX BC-1996-03658
ROUTE IN TURN INITIALS DATE
1. CHIEF EXAMINER ________ ________
(Coordination)
2. EXECUTIVE DIRECTOR ________ ________
(Coord/Signature)
3. Mr. Wayne R. Gracie ________ ________
PANEL CHAIR
(Signature on Proceedings)
4. EXAMINER
5. AFBCMR (Processing)
STANLEY L. GREGORY
Examiner
Air Force Board for Correction
of Military Records
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