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AF | BCMR | CY2009 | BC-1996-03658-2
Original file (BC-1996-03658-2.doc) Auto-classification: Denied


                                 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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