RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00631
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to reflect her characterization of discharge
as general (under honorable conditions) rather than under other
than honorable conditions (UOTHC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Whoever processed her DD Form 214 made an error as her Air Force
Form 100, Request and Authorization for Separation, reflects she
received a general (under honorable conditions) discharge.
In support of her appeal, the applicant provides a copy of her
Air Force Form 100.
A copy of the applicants complete submission, with attachment,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 June 2000, the applicant enlisted in the Regular Air Force
in the grade of airman basic (E-1). She was progressively
promoted to the grade of airman first class (E-3) effective
28 October 2001.
The applicant received a total of five letters of reprimand and
one letter of counseling between February 2001 and September 2002
for numerous missed appointments and failures to go. She also
lost her driving privileges for 30 days in January 2002 as a
result of accumulating six or more traffic points in a six-month
period of time. In addition, on 16 November 2001, the applicant
received Article 15 punishment for striking another individual in
the head, in violation of Article 128, Uniform Code of Military
Justice (UCMJ); wrongfully using provoking words towards an armed
forces policeman, in violation of Article 117, UCMJ; and for
resisting being apprehended by armed forces police officers, in
violation of Article 95, UCMJ. Her punishment consisted of
forfeiture of $220 pay per month for two months suspended until
15 May 2002, and a reprimand.
On 19 November 2002, the applicant received Article 15 punishment
for wrongfully importing marijuana from the United States to
Japan while on board an aircraft under the control of the armed
forces; and, wrongfully using marijuana, both charges in
violation of Article 112a, UCMJ. Her punishment consisted of
reduction in grade to airman basic with a new date of rank of
19 November 2002, and a reprimand.
On 12 December 2002, the applicant was notified of her
commanders intent to recommend her for an UOTHC discharge as a
result of the conduct which resulted in her receiving the Article
15 punishment imposed on 19 November 2002. The applicant
acknowledged her commanders intent and waived her rights to a
hearing before an administrative discharge board and to submit
statements in her own behalf. On 13 December 2002, after
consulting counsel, the applicant submitted an unconditional
waiver indicating she understood that if approved she may be
discharged with a UOTHC discharge and be deprived of veteran
benefits. She also indicated she understood the adverse nature
of such a discharge and the possible consequences thereof.
On 17 December 2002, her commander recommended the applicant be
discharged with an UOTHC discharge without probation or
rehabilitation under the provisions Air Force Personnel Directive
36-32, Military Retirements and Separations, and Air Force
Instruction 36-3208, Administrative Separation of Airmen,
paragraph 5.54. On 24 January 2003, after two levels of legal
review the case was found legally sufficient, the discharge
authority accepted the applicants unconditional waiver and
directed she be discharged with a UOTHC characterization of
service without probation or rehabilitation.
On 10 February 2003, the applicant was discharged from active
duty with a UOTHC discharge. She served 2 years, 7 months, and
13 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 10 June 2011, the applicant was given an opportunity to submit
comments about her post service activities and in response to the
FBI Report (Exhibit F). As of this date, this office has
received no response.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states that after a review
of the applicants personnel records, her DD Form 214 reflects
the correct characterization of service as UOTHC. At the time of
her separation, her Air Force Form 100 was completed incorrectly
indicating a general (under honorable conditions) discharge.
Therefore, they have directed the form be corrected to reflect a
UOTHC discharge.
DPSOS indicates a members DD Form 214 is the official governing
document that should be used for any military benefit or
clarification of character of service. The Air Force Form 100 is
used to out process an individual from their unit and for travel
entitlements at the time of separation. Based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority. The applicant has
provided no evidence or facts warranting a change to her
character of service.
The complete DPSOS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 22 April 2011, for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no 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-2011-00631 in Executive Session on 29 November 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-00631:
Exhibit A. DD Form 149, dated 11 Feb 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPSOS, dated 29 Mar 11.
Exhibit E. Letter, SAF/MRBR, dated 22 Apr 11.
Exhibit F. Letter, AFBCMR, dated 10 Jun 11, w/atch.
Panel Chair
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