RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01871
		INDEX CODE: 110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

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AIR FORCE EVALUATION:

The Air Force Discharge Review Board (AFDRB) denied the applicant's request for upgrade of her discharge.  The AFDRB concluded that the discharge was consistent with the substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and she was provided full administrative due process.  There exists no legal or equitable basis for change of reason for discharge.  A complete copy of the AFDRB brief, with attachments, is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the AFDRB brief was forwarded to the applicant on 12 Oct 01, for review and response.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the evidence submitted with this appeal, the Board majority is not persuaded that the applicant's discharge should be upgraded.  The Board majority believes that the evidence of record supports the decision of the Air Force Discharge Review Board.  The Board majority finds no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of her appeal, does not believe she has suffered from an injustice.  Therefore, based on the available evidence of record, the Board majority finds no basis upon which to favorably consider this application.

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THE BOARD RECOMMENDS THAT:

A majority of the panel finds that insufficient evidence of error of injustice and recommends the application be denied.

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The following members of the Board considered this application in Executive Session on 27 Nov 01, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

By a majority vote, the Board recommended denial of the application.  Mr. voted to grant the applicant's request and elected to submit a minority report.  The minority report is appended at Exhibit D.

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jun 01, w/atchs.
    Exhibit B.  AFDRB Brief, dated 7 Mar 01
    Exhibit C.  Letter, SAF/MRBR, dated 12 Oct 01.
    Exhibit D.  Minority Report

                                   

AFBCMR 01-01871
MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT:	AFBCMR Application of APPLICANT
I have carefully reviewed all aspects of this case and do not agree with the opinion of the majority of the panel that the applicant’s request that her general (under honorable conditions) discharge be upgraded to honorable should be denied. 
I have thoroughly reviewed the applicant's available record, her submission, and the minority report.  And, after consideration of all the circumstances of this case I agree with the minority member of the panel and believe that the imposition of nonjudicial punishment was unjust and excessively harsh.  Furthermore, given the applicant's overall record, the characterization of her service as general also does not accurately reflect her service while she was in the Air Force.  Accordingly, I direct that the Article 15 imposed on 14 January 1998 be set aside and that her discharge be upgraded to honorable.

AFBCMR 01-01871

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:

	a.  The nonjudicial punishment under Article 15, UCMJ, initiated on 14 January 1998 and imposed on 29 January 1998, be, and hereby is, set aside and removed from her records; and, all rights, privileges, and property of which she may have been deprived be restored.

	b.  On 2 July 1998, she was honorably discharged and furnished an Honorable Discharge certificate.