RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03201

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

Her general (under honorable conditions) discharge be upgraded 
to honorable.	

________________________________________________________________

APPLICANT CONTENDS THAT:

She does not believe her discharge was unjust but believes she 
has made positive changes in her life that warrant a second 
chance for a clean slate.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate she enlisted 
in the Regular Air Force on 5 Feb 91.

On 14 Jan 94, the applicant pled not guilty and was found guilty 
at a Special Court-Martial (SPCM) of one specification of 
malingering in violations of Article 115 of the Uniform Code of 
Military Justice (UCMJ).  She was sentenced to 75 days 
confinement and reduction to the grade of airman basic (E-1).

On 7 Feb 94, the convening authority approved the finding and 
the sentence was executed.

On 14 Mar 94, the applicant’s commander notified her that he was 
recommending her discharge from the Air Force for discreditable 
involvement with military authorities.  The specific reason for 
the action was that she was found guilty at a SPCM of one 
specification of malingering in violation of Article 115 of the 
UCMJ. 

On 1 Apr 94, the applicant was furnished a general (under 
honorable conditions) discharge with a narrative reason for 
separation of “Pattern of Misconduct” and was credited with 3 
years, 1 month and 27 days of total active service.

On 2 Apr 14, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C).  In response, the applicant provided statements 
from coworkers reiterating the applicant’s accomplishments since 
leaving the Air Force and expressing their support of the 
applicant’s request for an upgrade of her discharge.  The 
applicant also provided copies of her post-service education 
accomplishments and certificates for various accomplishments 
from her employment (Exhibit D).

________________________________________________________________

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 an 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 process.  Based on the 
available evidence of record, it appears the applicant’s general 
(under honorable conditions) discharge for pattern of misconduct 
was consistent with the substantive requirements of the 
discharge regulation and within the discharge authority’s 
discretion.  She has provided no evidence which would lead us to 
believe otherwise.  In the interest of justice, 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 at this time.  
Therefore, in view of the above, and in the absence of evidence 
to the contrary, we conclude that no basis exists to upgrade the 
applicant’s general discharge.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2013-03201 in Executive Session on 29 Apr 13, under 
the provisions of AFI 36-2603:

	                        , Panel Chair
	                        , Member
	                        , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 2 Apr 13.
	Exhibit D.  Letter, Applicant, dated 2 Apr 14, w/atchs.




                                   
                                   Panel Chair