RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-00520 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

2. Her DD Form 214 be changed to reflect her maiden name 
(England). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was never found guilty of any criminal offense. She was 
young and socialized with the wrong people. 

 

She has used the name England except for the brief time she was 
married. She is now divorced and would like her maiden name 
reflected on her records. 

 

In support of her request, the applicant provides DD Form 293, Application for the Review of Discharge from the Armed Forces of 
the United States, DD Form 214, Certificate of Release or 
Discharge from Active Duty and copies of her marriage 
certificate, divorce decree, order sealing her criminal record 
and other associated personal records. 

 

Applicant's complete submission, with attachments, is at Exhibit 
A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 18 Dec 80, the applicant contracted her initial enlistment in 
the Regular Air Force. She was progressively promoted to the 
grade of airman first class having assumed the grade effective 
and with a date of rank of 18 Dec 81. 

 

On 15 Aug 84, the applicant’s commander notified her that he was 
recommending her discharge from the Air Force for misconduct 
(civil conviction.) The specific reason for the discharge action 
was she pled guilty to the offense of robbery. 

 

Her commander advised her of her rights in this matter. 


On 17 Aug 84, she acknowledged receipt of the notification for 
discharge and after consulting with legal counsel she submitted 
statements in her own behalf. 

 

On 12 Sep 84, the staff judge advocate reviewed the case and 
found it legally sufficient to support separation and recommended 
a general discharge without probation and rehabilitation. 

 

On 28 Sep 84, the discharge authority directed discharge with a 
general discharge. 

 

The applicant was discharged on 2 Oct 84. She served 3 years, 
9 months and 15 days on active duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. 

 

On 16 Oct 84, the applicant submitted a request to have her 
narrative reason for separation changed and her military records 
be given a complete review. On 20 Mar 85, the Board considered 
and denied the request (See Exhibit B). 

 

On 27 Feb 08, AFPC/DPSS informed the applicant that based on the 
information in her records her last name was correct at the time 
of discharge and her military records cannot be changed after the 
fact. 

 

On 11 Apr 08, the applicant requested her case be 
administratively closed. 

 

On 29 Apr 08, the AFBCMR staff requested the applicant provide 
documentation concerning her activities since leaving military 
service. 

 

On 28 May 08, the applicant’s case was administratively closed 
per her request. 

 

On 17 Apr 09, the Board staff forward a copy of the investigative 
report to the applicant for review and comment within 30 days. 

 

On 30 Apr 09, the applicant requested that her case be 
administratively closed. On 6 May 09, her case was 
administratively withdrawn per her request. 

 

In a letter dated 13 Aug 09, the applicant requested her case be 
reopened and submitted copies of her college transcripts, 
training certificates, resume’ and character references. Her 
complete request, with attachments, is at Exhibit N. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

HQ AFPC/DPSOS recommends denial. DPSOS states the applicant 
contends her discharge should be upgraded because she was not 
found guilty of any criminal offense and the records were later 
sealed. She did enter a plea of guilty and was given seven years 
probation by the court. A finding of guilty was not required for 
discharge under the governing directive and the fact that her 
records were sealed after her discharge from military service 
does not negate the basis of the discharge action as it was 
applied at the time of her separation. Based on the 
documentation on file in the applicant's military personnel 
records, the discharge was consistent with the procedural and 
substantive requirements of the discharge regulation and the 
discharge was within the discretion of the discharge authority. 

 

HQ AFPC/DPSOS complete evaluation is at Exhibit D. 

 

HQ AFPC/DPSS recommends denial. DPSS states the governing Air 
Force Instruction allows changes to prior service members’ data 
if the recorded data error was made by the Air Force at the time 
of or during the enlistment. The applicant's name was correctly 
recorded at the time of her discharge. 

 

HQ AFPC/DPSS complete evaluation is at Exhibit L. 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant 18 Apr 08 and 20 Mar 09, for review and comment within 
30 days. 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. After a 
thorough review of the evidence and the applicant’s complete 
submission, it is the Board’s opinion that the discharge was 
consistent with the substantive requirements of the discharge 
regulation and was within the commander's discretionary 
authority. The applicant has provided no evidence which would 
lead us to believe the characterization of her service was 
contrary to the provisions of the governing regulation, unduly 
harsh, or disproportionate to the offenses committed. With 


regard to the applicant’s request that her DD Form 214 be changed 
to reflect her maiden name, the applicant has not provided 
evidence that would lead us to believe her last name was not 
correctly recorded at the time of discharge. Therefore, in the 
absence of evidence to the contrary, we find no compelling basis 
to recommend granting the relief sought in this application. 

 

_________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2008-00520 in Executive Session on 12 Nov 09 under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Forms 149, 25 Jan 08 & 24 Feb 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, HQ AFPC/DPSOS, 28 May 08. 

 Exhibit E. Letter, SAF/MRBR, dated 18 Apr 08. 

 Exhibit F. Letter, Applicant, dated 11 Apr 08. 

 Exhibit G. Letter, SAF/MRBC, dated 29 Apr 08, w/atch. 

 Exhibit H. Letter, SAF/MRBC, dated 28 May 08. 

 Exhibit I. Letter, SAF/MRBC, dated 17 Apr 09, w/atch. 

 Exhibit J. Letter, Applicant, dated 30 Apr 09. 

 Exhibit K. Letter, SAF/MRBC, dated 6 May 09. 

 Exhibit L. Letter, HQ AFPC/DPSS, dated 9 Mar 09. 

 Exhibit M. Letter, SAF/MRBC, dated 20 Mar 09. 

 Exhibit N. Letter, Applicant, dated 17 Aug 09, w/atchs. 

 

 

 

 

 

 Panel Chair