RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02955
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was young, immature and lacked the maturity to follow the
rules and requirements while in technical school. She is now
mature, responsible and wishes to serve her country before she is
disqualified due to age. She would like the opportunity to right
the wrong. Her pattern of misconduct while inexcusable, was
minor in nature and she wishes to make amends.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 September 1987, the applicant enlisted in the Regular Air
Force.
On 6 May 1988, the applicant was notified by her commander that
he was recommending she be discharged from the Air Force under
the provisions of AFR 39-10, Administration Separation of Airmen,
for a pattern of misconduct. The specific reasons for this action
were she received three Article 15 actions for wrongfully
permitting a member of the opposite sex to be in her dormitory
room, failing to report for duty for an entire day, and operating
a vehicle without proper registration, not having a valid
drivers license and no proof of insurance.
The applicant acknowledged receipt of the notification of
discharge, received advice from a military defense attorney, and
waived her right to submit statements in her own behalf. On
6 May 1988, the discharge authority determined that a general
discharge was appropriate in light of the applicants overall
military record.
On 13 May 1988, the applicant was discharged with a general
discharge after completing a period of 8 month and 6 days total
active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 9 December 2010, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office (Exhibit D).
_________________________________________________________________
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, 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 conclude, therefore, that the
discharge proceedings were proper and characterization of the
discharge was appropriate to the existing circumstances. We
considered upgrading the discharge based on clemency; however, we
do not find the evidence presented is sufficient 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 AFBCMR Docket
Number BC-2010-02955 in Executive Session on 1 June 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Response, dated 20 Sep 10.
Panel Chair
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