RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01406 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect an effective discharge date of 20 Dec 80. APPLICANT CONTENDS THAT: Her date of discharge listed on her DD Form 214 is incorrect. It lists 20 Dec 79, when it should reflect 20 Dec 80. This inaccuracy is impacting her ability to meet the eligibility requirements for a civil service position that was created specifically for her. She has lost all of her military documentation and cannot show the dates are incorrect; however, is quite sure her records are in error. She received an overseas assignment during her last six months of service (approximately Oct 80) which she could not accept and which was part of the reason for her discharge. In support of her request, the applicant submits a copy of her DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: Records reflect that on 12 Dec 79, the applicant was notified by her commander of his intent to discharge her under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, Chapter 2, Section B, paragraph 2-15a, with a General discharge for Misconduct. On 19 Dec 79, the Staff Judge Advocate reviewed the discharge action and found it legally sufficient. On the same date, the discharge authority approved a General discharge without probation and rehabilitation. On 20 Dec 79, the applicant was furnished an Under Honorable Conditions discharge, and was credited with 2 years, 9 months, and 10 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/DPSIPV recommends denial indicating there is no evidence of an error or an injustice. The applicant’s date of discharge is correctly recorded on her DD Form 214. A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Oct 14 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-01406 in Executive Session on 10 Mar 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01406 was considered: Exhibit A. DD Form 149, dated 31 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIPV, dated 21 May 14. xhibit D. Letter, SAF/MRBR, dated 1 Oct 14.