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AF | BCMR | CY2010 | BC 2010 02752
Original file (BC 2010 02752.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02752 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her general (under honorable conditions) discharge be upgraded to 
honorable and his narrative reason for separation (Misconduct – 
Pattern of Minor Disciplinary Infractions) be changed. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was informed by a Department of Veterans Affairs (DVA) 
representative that she could request an upgrade of her discharge 
to honorable. This would benefit her when applying for 
government jobs. She states she has matured and is an honorable 
responsible citizen. She is a notary public and has spent the 
last 8 years working at a financial institution in a management 
position. 

 

In support of her request, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of 
the United States. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 30 July 1986. 

 

On 27 December 1989, the applicant was notified by her commander 
of his intent to recommend that she be discharged from the Air 
Force under the provisions of AFR 39-10, paragraph 5-46. The 
specific reasons are as follows: 

 

 a. The applicant did, on or about 31 January 1987, violate 
curfew. For this misconduct, she received nonjudicial punishment 
under Article 15 of the UCMJ. The punishment consisted of a 
forfeiture of $172.00 and confinement for seven days. 

 

 b. On 2 August 1988, the applicant was notified that there 
was a comm-out recall and to report to the emergency room. She 
failed to respond to the recall and failed to report to the 


emergency room. For this misconduct, she received nonjudicial 
punishment under Article 15 of the UCMJ. The punishment 
consisted of a forfeiture of $100.00 pay per month for one month, 
restriction to the limits of England AFB for 30 days and a 
suspended reduction in the grade to the rank of airman. 

 

 c. On 14 September 1988, while on duty in the emergency 
room, the applicant reported erroneous medical results. 

 

 d. On 30 September 1988, the applicant wrote a check to the 
Non-Commissioned Officer (NCO) Open Mess in the amount of $150.00 
to pay her club bill. The check was returned for non-sufficient 
funds. 

 

 e. On 3 November 1988, the applicant received a Letter of 
Counseling (LOC) for a marked deterioration in her job 
performance, a lackadaisical attitude and lack of motivation in 
the performance of her duties and responsibilities. 

 

She was advised of her rights in this matter and acknowledged 
receipt of the notification. After consulting with counsel, the 
applicant elected not to submit statements in her own behalf. 

 

In a legal review of the case file, the staff judge advocate 
found the case legally sufficient and recommended discharge. On 
4 January 1989, the discharge authority concurred with the 
recommendations and directed discharge with a general discharge. 
The applicant was discharged on 6 January 1989. She served 
2 years, 5 months and 7 days on active duty. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation (FBI), Clarksburg, West Virginia, was unable to 
identify with an arrest record on the basis of information 
furnished, dated 25 August 2010. 

 

On 23 February 1990, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request that her general 
(under honorable conditions) discharge be upgraded to an 
honorable discharge (Exhibit B). 

 

_________________________________________________________________ 

 

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. We note the 
applicant did not provide any information pertaining to her 
activities since leaving the service. If she were to submit 
post-service documentation, we would be inclined to reconsider 
her appeal as a matter of clemency. Therefore, in the absence of 
evidence to the contrary, we find no basis upon which 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-2010-02752 in Executive Session on 15 March 2011, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-02752 was considered: 

 

 Exhibit A. DD Form 149, dated 19 July 2010, w/atch. 

 Exhibit B. Applicant’s Master Personnel Record. 

 

 


 

 Panel Chair 

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