RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00295
	INDEX CODE:  110.
	COUNSEL:  NONE

	HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  4 JUNE 2007

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APPLICANT REQUESTS THAT:

Her undesirable discharge (under other than honorable conditions) be upgraded to general or honorable.

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APPLICANT CONTENDS THAT:

At the time of her discharge, she was “in the throes” of alcoholism.  She has been without legal trouble, alcohol and drug free for over 24 years.  She wants to petition a discharge upgrade.  She is unsure what documentation would be required.  She simply wishes to have her discharge upgraded.

She submitted no supporting documentation.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 19 February 1976, the applicant enlisted in the Regular Air Force at the age of 20 in the grade of airman basic.  She was promoted to the grade of airman effective and with a date of rank of 19 June 1976.

She was charged with a violation of the Uniform Code of Military Justice, Article 86, with one specification alleging absence without leave (AWOL) from 30 June 1976 through 26 October 1976.  For this offense she received an Article 15.  She had no letters of reprimand or any prior administrative involvement.

On 1 November 1976, after consulting with counsel, she requested discharge for the good of service under the provisions of AFM 39-12, which provides that an airman may be discharged pursuant to such request where her conduct renders her triable by court-martial under circumstances which could lead to a punitive discharge.

On 2 November 1976, the deputy commander concurred with the discharge request without recommendation for rehabilitation.  The staff judge advocate reviewed the discharge case file and recommended approval because of the applicant’s attitude, the recommendations of her commanders, the total information contained in the file, and the benefit to the Air Force.  The discharge authority approved the recommended separation and directed that the applicant be discharged and issued an Undesirable Discharge certificate.

On 5 November 1976, the applicant was discharged under other than honorable conditions (UOTHC) in the grade of airman, under the provisions AFM 39-12, for the good of the service.  She was credited with 10 months and 4 days on active duty with 119 days of lost time.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant (Identification Record No. 541746L2), which is at Exhibit E.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states that based on the documentation on file in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and she provided no facts warranting an upgrade of her discharge.  DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 February 2006 for review and comment.  On 22 March 2006, she was invited to submit information pertaining to post-service activities.  On 20 April 2006, a copy of the FBI report was forwarded to the applicant.  To date, this office has received no response to any of the aforementioned correspondence (Exhibit D).

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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, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After careful consideration of the applicant’s request, we see no evidence that would warrant an upgrade of her discharge to honorable.  Other than her own assertions, the applicant has provided no evidence that would lead us to believe the actions taken to effect her discharge were improper, or that the information in her discharge case file is erroneous.  In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade on the basis of clemency.  Therefore, having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on her request.

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RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 AFBCMR BC-2006-00295 in Executive Session on 8 June 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Jan 06.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated 15 Feb 06.
	Exhibit D.  Letters, SAF/MRBR, dated 24 Feb 06 and AFBCMR
	            Dated 22 Mar 06.
	Exhibit E.  FBI Report.