RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02889
            INDEX CODE:  110.00
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her discharge was unjust because  she  was  not  aware  other  options  were
available to her at the  time.   Others  who  were  punished  for  the  same
offense were only reduced in rank.  Her youth and immaturity allowed her  to
trust other people so she gave freely to help out.  She was bitter and  said
some harsh things but has matured and would like an opportunity  to  correct
her record.

Since her discharge, she has set a good example for her son and is  teaching
him the value of money so he will not make the same mistakes she  did.   She
has returned to school to pursue her degree and is working for a  well-known
government contract firm.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 Oct 91  for  a  period
of four years.  She was  progressively  promoted  to  the  grade  of  Airman
effective and with a date of rank of 16 Apr 92.

On 5 Feb 93, her  commander  notified  her  that  he  was  recommending  her
separation from the Air Force under the provisions of  AFR  39-10,  para  5-
47d, for Dishonorable Failure to Pay Just Debts.

The reasons for his actions were as follows:

    1.   On 9 Nov 92, applicant  was  briefed  by  her  supervisor  on  two
       outstanding checks, ordered to clear the checks and bring  proof  of
       payment.  On 18 or 19 Nov 92, she advised her supervisor that checks
       were taken care of but did not provide proof of that  fact.   On  23
       Nov 92, her supervisor was informed the payments of bad  checks  had
       not been received by  the  owed  company.   For  this  offense,  she
       received a Letter of Counseling.

    2.   On 10 Dec 92, she received a Letter of Counseling for making  late
       home layaway payments, attempted delay  of  payments  by  misplacing
       receipts, and telling creditors the First Sergeant was  holding  the
       receipts for a telephone bill that was four months overdue.

3.  On 4 Jan 93, she received a Letter of Reprimand  for  answering  falsely
to questions regarding  her  auto  insurance  following  counseling  of  her
financial responsibilities.

4.  On 4 Feb 93, she received an Article 15 and was reduced in rank  to  the
grade of airman basic, effective and with a date of rank of 21 Jan  93,  for
making a false official statement to a  security  police  investigator  when
she stated that her former roommate had stolen two of her  personal  checks,
forged her name, brought the checks to the County Federal Credit Union,  and
cashed them.

The applicant was advised of her rights  and  acknowledged  receipt  of  the
notification.  She waived her right to counsel  and  declined  to  submit  a
statement on her own behalf.  A review of the discharge  case  file  by  the
Deputy and Staff Judge Advocates was found legally sufficient.   On  12  Feb
93,  the  discharge  authority  approved  the  applicant’s  general   (under
honorable conditions) discharge without probation and  rehabilitation.   She
was discharged on 16 Feb 93 and had served 1 year, 4 months  and  1  day  on
active duty.

In response to the Board’s request, the FBI indicated that on the  basis  of
the data furnished they were unable to identify with an arrest record.

_________________________________________________________________

APPLICANT'S RESPONSE TO POST-SERVICE REQUEST:

Applicant admits responsibility for her mistakes.  She failed to  pay  debts
and gave false statements to government officials.

Her roommate became pregnant and asked for her help.  Due to  discriminatory
reasons, her roommate could not go  to  her  parents  for  assistance.   She
allowed her roommate to borrow her credit cards and also wrote  her  several
checks for cash.  Her roommate signed a written statement agreeing to  repay
the money; however, her roommate was discharged from the service before  she
could repay the debt.  She informed her  supervisor  of  the  situation  and
showed her the signed agreement.  She also made several phone calls  to  the
roommate’s home to resolve the issue but her roommate’s parents  phoned  her
supervisor and claimed harassment.  Her supervisor  sided  against  her  and
suggested she give her former roommate a break.

She filed charges against the roommate with the military police and  thought
she would be returned to repay the money; however, she was the one  who  was
reprimanded, refused promotion, and eventually discharged.

She  has  bettered  herself  with  an  Associate’s  Degree   in   Electronic
Engineering Technology, a Bachelor’s  Administration  degree  in  Accounting
and is furthering her college education.  All of her bills are paid and  she
is on track.  She has been married for 17 years, has  a  wonderful  16  year
old son and has worked for several good companies.  She  has  been  employed
for the last three years as a contractor.  In  Aug  06,  she  was  diagnosed
with Stage IV Breast Cancer but is doing very  well.   She  would  like  her
military experience to reflect her changed life by upgrading her discharge.

The applicant’s complete submission is at Exhibit E.

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of injustice regarding the applicant’s request  that  her  general
discharge be upgraded to honorable.  No evidence has  been  presented  which
would lead us to believe her discharge  was  improper  or  contrary  to  the
directive under which  it  was  effected.   Nevertheless,  in  view  of  the
applicant’s successful transition to civilian  life,  as  evidenced  by  the
post-service documentation she has provided, we  are  of  the  opinion  that
upgrading  her  discharge  to  honorable,  based  on  clemency,   would   be
appropriate.   Accordingly,  we  recommend  the  applicant’s  discharge   be
upgraded to honorable.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to the APPLICANT be corrected to show that  on  16 February  1993,  she  was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2009-02889  in
Executive Session on 17 November 2009, under the provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. Dick Anderegg, Member
      Mr. Nobel K. Eden, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Aug 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 13 Oct 09, w/atch.
    Exhibit D.  Letter, Applicant, dated 20 Oct 09, w/atchs.




                                   BARBARA A. WESTGATE
                                   Panel Chair


AFBCMR BC-2009-02889



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 APPLICANT, be corrected to show that  on  16 February 1993,  she
was honorably discharged and furnished an Honorable Discharge certificate.




  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency