RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01138
		INDEX CODE:  110.02
	XXXXXXX	COUNSEL:  None
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 13 OCTOBER 2008

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APPLICANT REQUESTS THAT:

1.  Her under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

2.  Her rank be restored to Sergeant.
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APPLICANT CONTENDS THAT:

She was accused by her commander and first sergeant of signing aircraft forms and performing work on an aircraft that almost cost a pilot his life.  She was asked to sign paperwork admitting to it; however, when she refused she was court martialed.  During the court martial, she proved she was 30 miles away under anesthesia having surgery.  Subsequently, the charges were dropped.  Afterwards, she was reprimanded for any and everything, causing her to loose a stripe and pay.  She believes the charges she was discharged under were trumped up by her leadership in retaliation for her being found innocent of their accusations. In addition, her leadership wrote her airman performance report and ordered her reporting official to sign it.

In support of her request, applicant provided a copy of her DD Form 214, Report of Separation from the Armed Forces of the United States, and Veterans Administration documentation.
  
Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 15 May 1981.  On 23 January 1986 she was discharged for Misconduct-Pattern Conduct Prejudicial to Good Order and Discipline with reenlistment eligibility code of "2B", Discharged UOTHC, General or other-than-honorable conditions.  

She served for a period of 4 years, 8 months, and 9 days of active duty.

The applicant’s military personnel records (MPR) discussing her discharge from the Air Force are no longer available.

In 1987 the Discharge Review Board reviewed her case and concluded her discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

No other military service records pertaining to her discharge can be located; therefore, an Air Force advisory opinion was unable to be accomplished.  The applicant did not submit information surrounding her discharge.  

Pursuant to the Board’s request, the FBI indicated that on the basis on the data furnished, they were unable to locate an arrest record.  (Exhibit B).

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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.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge characterization of her service was proper and in compliance with appropriate directives.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

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THE BOARD DETERMINES THAT:

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

The following members of the Board considered Docket Number BC-2007-01138, in Executive Session on 8 August 07, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
		XXXXXXXXXX, Member
		XXXXXXXXXX, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Apr 07.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 27 June 2007.
     Exhibit D.  Extract, AFR 39-10, 5-47b.

                                   XXXXXXXXXX
                                   Panel Chair