RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER:BC-2010-00848 COUNSEL: NONE HEARING DESIRED: NO ____________________________________________________________ _____ APPLICANT REQUESTS THAT: Her other than honorable conditions (undesirable) discharge be upgraded to a general discharge. ____________________________________________________________ ____ APPLICANT CONTENDS THAT: Her actions that led to her bad discharge were due to the pressures of being young, pregnant and unmarried in a time when women were stigmatized and ostracized for improper behavior. Her unintended pregnancy was enough for her commanding officers to find her unfit for duty and they made no secret of their opinion of her situation. Her parents disowned her for being pregnant out of wedlock. Losing the support of her parents, the military, plus being in financial trouble, caused her to make bad choices. She was not thinking rationally because she was desperate. In support of her application, she provides copies of her DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, documents extracted from her military personnel records, and documents pertaining to her accomplishments since leaving military service. The applicant’s complete submission, with attachments, is at Exhibit A. ____________________________________________________________ _____ STATEMENT OF FACTS: On 6 Sep 60, the applicant contracted her enlistment in the Regular Air Force. She was progressively promoted to the grade of airman third class, having assumed the grade effective and with a date of rank of 5 Jun 62. She was demoted to airman basic on 12 May 61. The applicant’s commander notified her that she was recommending her discharge from the Air Force for misconduct (civil court conviction). The specific reason for the discharge action was on 27 Nov 63, she was convicted by civilian court for forging a United States Treasury Department check in the amount $112.00. Her commander advised her of her rights in this matter. The applicant acknowledged receipt of the notification of discharge and requested a hearing before an administrative discharge board, to be represented by counsel, to submit statements in her own behalf and to appear in person before the board. The Board recommended the applicant be discharged with an undesirable discharge. The discharge authority directed an undesirable discharge. She was discharged on 7 Feb 64. She served three years, five months and two days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 16 Jul 10, a copy of the Investigative Report was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ____________________________________________________________ _____ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, ____________________________________________________________ __ 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 AFBCMR Docket Number BC-2010-00848 in Executive Session on 1 Sep 10 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 16 Jul 10. Panel Chair