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 applicants 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 applicants 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. Applicants Master Personnel Record.
Panel Chair
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