RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00326

					COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

Her narrative reason for discharge, “conditions that interfere 
with military service-not disability-character and behavior 
disorder,” be changed to reflect a more positive statement about 
her character.


APPLICANT CONTENDS THAT:

She was sexually harassed, treated unfairly, and wrongfully 
discharged.  She was wrongfully investigated for homosexuality 
when she would not submit to sexual advances from a higher 
ranking person.  She further contends the same person initiating 
the investigation made her life miserable, destroyed her 
reputation and career aspirations.  Her mental state at the time 
of the medical evaluation was a direct result of the actions of 
the military members of her organization.

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


STATEMENT OF FACTS:

On 18 Feb 86, the applicant initially entered the Regular Air 
Force.

On 6 Oct 89, the applicant’s commander notified her that he was 
recommending her for involuntary discharge under the provisions 
of AFR 39-10, Administrative Separation of Airmen, for 
conditions that interfere with military service.  The reasons 
for the action were assaulting another individual and exhibiting 
irrational behavior, for which the applicant was referred to 
mental health for formal evaluation.  The result of the 
evaluation was a diagnosis of character and behavior disorder 
which significantly impaired the applicant’s ability to function 
in a military environment.

On 13 Oct 89, the applicant acknowledged receipt of the 
discharge notification, consulted with counsel, and submitted 
statements for her commander’s consideration.

On 18 Oct 89, the discharge was found legally sufficient.

On 24 Oct 89, the discharge authority concurred with the 
commander’s recommendation and directed the applicant be 
honorably discharged without probation and rehabilitation.

On 3 Nov 89, the applicant was furnished an honorable discharge 
for conditions that interfere with military service (character 
and behavior disorder), and was credited with 3 years, 8 months, 
and 16 days of active service.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating there is no evidence of 
an error or an injustice.  During the mental health evaluation, 
it was determined the applicant’s personality traits, coupled 
with constant military stressors, would continue to disrupt her 
ability to be a productive member of the Air Force.  Based on this 
diagnosis, the commander acted within his authority by 
recommending an honorable discharge and the characterization of 
service is accurate.  Further, AFPC/DPSOR finds no justification 
for why the applicant waited more than 25 years to submit her 
application.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant strongly denies the facts of the case as presented 
by the Air Force OPR, indicating the facts presented by the Air 
Force are fabricated and her character continues to be defamed.  
Regarding the timeliness of the case, she was too scared of 
retaliation to submit to her request to the Board when she was 
younger.  As time passed, she believed it was too late to do 
anything about her record; only recently did she learn there is 
no time limit to apply to the Board of corrections.  With 
renewed self-confidence, she is determined to correct this 
injustice (Exhibit E).


?
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, to include her 
rebuttal response, in judging the merits of the case; however, 
we agree with the opinion and recommendation of the Air Force 
office of primary responsibility and adopt its rationale as the 
basis for our conclusion that the applicant has not been the 
victim of an error or injustice.  Based on the available 
evidence of record, it appears the discharge, to include the 
narrative reason for separation, was consistent with the 
substantive requirements of the discharge regulation and within 
the commander's discretionary authority.  Other than her own 
uncorroborated assertions, the applicant 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 for us to conclude that the applicant’s post-service 
activities overcome the misconduct for which he was discharged.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-00326 in Executive Session on 17 Dec 2014, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 24 Jul 14.
Exhibit D.  Letter, SAF/MRBR, dated 18 Aug 14.
Exhibit E.  Letter from applicant, dated 31 Aug 14