RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00931 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: She served honorably, and the fact she was overweight did not impede her ability to serve or to do the job she was trained to do. She is proud to have served in the United States Air Force and would gladly do so again. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 17 Aug 77, the applicant enlisted in the Regular Air Force and was progressively promoted to the grade of staff sergeant. She received six (6) Airman Performance Reports (APRs) with overall ratings of 9, 9, 8, 9, 7, and 6, respectively. On 12 Apr 83, the applicant was notified by her commander that he was recommending her discharge from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, paragraph 5-26, for unsatisfactory performance. The reasons for the proposed action were: 1) On 22 Oct and 23 Nov 82, the applicant was counseled for being delinquent in the payment of her Noncommissioned Officer (NCO) Club account; 2) On 22 Dec 82, the applicant received a Letter of Reprimand (LOR) for being delinquent in the payment of her NCO Club account; and 3) On 10 Jan 83, the applicant was counseled for being delinquent in the payment of her NCO Club account. The applicant received several disciplinary actions relating to failure to maintain military weight standards and financial responsibilities. The applicant acknowledged receipt of the discharge notification, and after consulting with counsel, waived her right to submit statements in her own behalf. The staff judge advocate (SJA) found the case legally sufficient to support discharge and noted that despite efforts of rehabilitation, the applicant failed to conduct herself in a manner commensurate with acceptable military standards. The SJA further noted that in determining whether an applicant should be discharged or retained, the entire military record may be considered. However, in determining the type of discharge, only matters in the present enlistment beginning 29 May 81 should be considered. On 25 Apr 83, the discharge authority approved the discharge and directed a general discharge. On 27 Apr 83, the applicant was discharged and received a general discharge. She served on active duty for a period of 5 years, 8 months and 11 days. Pursuant to the request of the Board on 8 Apr 11, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on 14 Apr 11, that, on the basis of the data furnished, they were unable to locate an arrest record. _________________________________________________________________ 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. 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. _________________________________________________________________ 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-2011-00931 in Executive Session on 29 Jun 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Sep 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Panel Chair