RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04181 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: During the contested time period, she was young, in an abusive relationship, made mistakes and did not perform as an airman. She desires her discharge be upgraded in order to receive education benefits under the Montgomery GI Bill. She would like to further her education and career. In support of her request, the applicant submits a copy of DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, copy of her 2010 appraisal, and copies of SF 50, Notification of Personnel Action. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 14 May 1993. The applicant was notified by her commander of his intent to recommend her discharge from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208. The specific reasons follow: a. The applicant was delinquent on her American Express Government Card for over 90 days. b. On 26 March 1995, the applicant displayed conduct unbecoming of an airman in the United States Air Force for simple assault. c. On 14 April 1995, the applicant displayed conduct unbecoming of an airman in the United States Air Force for a second time within a month for simple assault. Furthermore, she violated the curfew for individuals residing in the dormitory. d. On 1 June 1995, the applicant wrote two checks which were returned due to insufficient funds in her checking account. e. On 26 June 1995, the applicant failed her end of course examination for the first time with a score of 59. f. On 26 September 1995, she failed her end of course examination for the second time with a score of 64 She was advised of her rights in this matter and elected to submit a statement in her own behalf. In a legal review of the case file, the acting staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed a general (under honorable conditions) discharge. The applicant was discharged on 22 December 1995. She served 2 years, 7 months and 9 days on active duty. _________________________________________________________________ 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. In the interest of justice, we considered upgrading the discharge based on clemency; however, there was no evidence submitted to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2011-04181 in Executive Session on 30 May 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04181 was considered: Exhibit A. DD Form 149, dated 25 October 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Records.