RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01626
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her under honorable conditions (general) discharge be
upgraded to an honorable discharge.
2. Her reenlistment (RE) code of 2C, involuntarily separated
with an honorable discharge, or entry-level separation without
characterization of service be changed to allow her to reenter
military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was young and was not aware that the man she was dating was
married. She has matured and achieved a college degree.
In support of her request, the applicant provides a copy of her
Associates Degree and a character reference.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 Apr 94, the applicant contracted her enlistment in the
Regular Air Force.
On 13 Mar 95, the applicants commander notified her that he was
recommending her discharge from the Air Force for minor
disciplinary infractions. The specific reasons for the discharge
action were she received an Article 15 for adultery and two
Letters of Reprimand (LORs) for financial irresponsibility and
failure to go.
Her commander advised her of her rights in this matter. On
14 Mar 95, she acknowledged receipt of the notification of
discharge and, after consulting with legal counsel, waived her
right to submit a statement in her own behalf.
The legal office reviewed the case and found it legally
sufficient to support separation and recommended separation with
general discharge without probation and rehabilitation.
On 17 Mar 95, the discharge authority directed discharge with a
general discharge. She was discharged on 23 Mar 95. She was
credited with 11 months and 4 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated that on the basis of the data furnished,
they were unable to locate an arrest record.
_________________________________________________________________
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, 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 improper or
contrary to the provisions of the governing regulation, or the RE
and SPD codes issued in conjunction with her discharge were
erroneous or inappropriately assigned. We considered upgrading
the discharge based on clemency; however, we do not find the
evidence presented is sufficient for 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 the evidence presented did not
demonstrate the existence of material 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-2011-01626 in Executive Session on 19 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149s, dated 27 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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