RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03111
INDEX CODE: 110.02
xxxxxxxxxxxxxxxxx COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Based on the "Don't ask, Don't tell" policy, she would like her discharge
upgraded to honorable.
The applicant provides no supporting documentation. A copy of the
applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 5 May 82 in the grade of
airman basic and was progressively promoted to the grade of senior airman
having assumed that grade effective and with a date of rank of 5 May 85.
On 19 Feb 86 and 2 Apr 86, the applicant received two letters of reprimand,
for failure to go.
On 25 Jun 86, the applicant received an Article 15, Record of Nonjudicial
Punishment, for failure to go. Her punishment consisted of a suspended
reduction to airman first class, forfeiture of $50 for two months, and 14
days extra duty.
An investigation of the applicant was initiated when another ongoing
investigation directed suspicion of homosexual activities toward the
applicant. As a result of the investigation, on 7 Aug 86, the commander
notified the applicant of her intent to recommend she be discharged with an
under other than honorable conditions discharge. After consulting legal
counsel, the applicant submitted a conditional waiver offering to forego an
administrative discharge board hearing on the condition that she receive no
less than a general discharge. In a legal review of the discharge case
file, the staff judge advocate found it legally sufficient and recommended
that her conditional waiver be accepted and she be discharged with a
general discharge. On 17 Oct 86, the discharge authority directed
discharge with a general discharge. She was discharged on 27 Oct 86. She
served 4 years, 5 months and 23 days on active duty.
Pursuant to the Board’s request, the FBI indicated that on the basis of the
data furnished, they were unable to locate an arrest record pertaining to
the applicant.
On 3 Oct 08, the applicant was given the opportunity to submit comments
about her post service activities (Exhibit C). As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD DETERMINES 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. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice. We found no evidence that responsible officials
applied inappropriate standards in effecting the applicant’s discharge,
that pertinent regulations were violated or that she was not afforded all
the rights to which entitled at the time of her discharge. However, the
Board majority notes that prior to the events that precipitated her
discharge, the applicant’s record contains above average performance
ratings and she was described as a highly dependable and motivated airman.
The Board majority believes that her current service characterization is
harsh and an upgrade of her discharge to honorable is warranted. In
addition, the Board majority believes the circumstances of this case
warrant a change to the reason for the applicant’s separation to one less
prejudicial to her. Accordingly, the Board majority recommends her records
be corrected as indicated below.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 27 October 1986, she was
honorably discharged under the provisions of AFR 39-10, paragraph 1-2,
(Directed by Secretary of the Air Force) with a Separation Program
Designator (SPD) Code of JFF.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2008-03111
in Executive Session on 5 Nov 08, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Garry G. Sauner, Member
Mrs. Lea Gallogly, Member
By a majority vote, the Board recommended to grant the application. Mr.
Sauner voted to deny the applicant's request but elected not to submit a
minority report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jul 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 3 Oct 08.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-2005-01235
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 xxxxxxxxxxxxxxxx, be corrected to show that on 27 October 1986,
she was honorably discharged under the provisions of AFR 39-10, (Directed
by Secretary of the Air Force) with a Separation Program Designator (SPD)
Code of JFF.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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