RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03667

		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:

She wants to serve her country by joining the Air Force Reserve and has been advised that her current DD Form 214 character of service entry of general (under honorable conditions) is a firm obstacle to her enlistment.  It has been more than twenty years since she was discharged and her rationale for not seeking correction earlier is simply that she was totally involved with raising her children and had no driving reason to seek the change.  

In support of her application, she submits a personal statement.

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 28 Jan 80.  She was discharged under the provisions of AFR 39-12, (Unsuitable - Apathy, Defective Attitude) from the Air Force on 11 Jun 81 with a general (under honorable conditions) discharge.  She served 1 year, 4 months and 24 days of total active duty service.  

On 22 May 81, the applicant’s commander notified her he was recommending her for administrative discharge for apathy and defective attitude with a general discharge. Basis for the action:  Two Articles 15, 3 Jul 80 and 7 May 81, for dereliction of duty and failure to go to appointed duty on time.  In addition to the Articles 15, she was counseled on several different occasions for failure to go to appointed duty on time and failure to wear proper rank insignia on her uniform.  Applicant stated her numerous problems were related to her inability to be with her husband.  An Evaluation Officer was appointed to investigate and he concluded that the applicant showed a lack of initiative towards her responsibilities, as evidenced by her nonjudicial punishments and failed to accept the consequences of being married to another service member who was not stationed with her.  He recommended discharge without probation and rehabilitation (P&R).  Applicant was advised of her rights to submit rebuttal and statements; however, she stated she did not wish to do either.  The base legal office reviewed the case, found it legally sufficient to support the discharge, and recommended a general discharge without P&R.  The Discharge Authority approved the discharge and ordered a general discharge without P&R.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and states based upon the documentation in the file the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority and the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  She provided no other facts warranting an upgrade of the discharge.    

AFPC/DPPRS complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 20 Dec 02, for review and comment.  As of this date, no response has been received by this office.

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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 not timely filed; however, the Board excused the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her discharge should be upgraded to honorable.  The applicant has not established by her submission that her commander abused his discretionary authority, and since we find no abuse of that authority, there is no compelling reason to overturn the commander’s decision.  We agree with the opinions and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or an injustice.  Therefore, in absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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.

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The following members of the Board considered Docket Number 02-03667 in Executive Session on 12 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 7 Nov 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 13 Dec 02.
	Exhibit D.	Letter, SAF/MRBR, dated 20 Dec 02.