RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00809
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her under honorable conditions discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her life has changed and she lives to help others. At the time of her
enlistment, her intent was to have an Air Force career. However, her
family was under serious duress due to the physical and mental abuse of her
former spouse who threatened to take their children and ruin her military
career. She felt she had no other recourse but to falsely claim marijuana
use to her supervisor. She was desperate to survive.
In support of this application, the applicant submits copies of her DD Form
214, Certificate of Release or Discharge from Active Duty, her discharge
certificate, several character reference letters, her Bachelors of Theology
degree, her Masters of Ministry in Biblical Studies degree, her
certificates of ordination, and Windsor’s Who’s Who of Business Leaders and
Professionals.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Mar 79, the applicant enlisted in the Regular Air Force for a period
of four years. On 2 Sep 80, her commander notified her that he was
recommending her separation from the Air Force under the provisions of AFM
39-12, Separation for Unsuitability, Misconduct, Personal Abuse of Drugs;
Resignation or Request for Discharge for the Good of the Service; and
Procedures for the Rehabilitation Program, Chapter 2, para 2-4c. His
specific reasons were the applicant’s defective attitude as evidenced by
her refusal to participate in the drug rehabilitation program. He
recommended she be issued a General Discharge Certificate.
The Assistant and Staff Judge Advocates found the case legally sufficient.
The discharge authority approved the recommended discharge and did not
offer the applicant probation or rehabilitation. On 17 Sep 80, the
applicant was discharged and issued a general discharge certificate. She
served one year, six months and five days on active duty.
On or about 14 Mar 83, a similar request was reviewed and denied by the
Secretary of the Air Force Personnel Council (SAFPC). SAFPC determined the
applicant was not a suitable candidate for reenlistment.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C. A copy
of the FBI report was forwarded to the applicant on 27 Jul 10, 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 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 considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient to compel us
to recommend granting the relief sought on that basis. 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 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 this application in Executive
Session on 30 Nov 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, 27 Jul 10.
Panel Chair
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