AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00013
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was a young vulnerable female who was sexually harassed by
her supervisor. Because she ignored her supervisor’s approaches
he constantly harassed her. Those in charge felt they needed to
chastise her and began an overwhelming process to discharge her
from the Air Force. She further states she had a stellar career
prior to the harassment.
In support of the applicant’s appeal, she provides a personal
statement, character reference letters and documents extracted
from her military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 July 1991.
On 19 July 1993, 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. The specific reasons are as
follows:
a. On or about 6 August 1992 the applicant received non-
judicial punishment under Article 15, Uniform Code of Military
Justice (UCMJ) for operating a motor vehicle while under the
influence of alcohol.
b. On or about 23 May 1993, 24 June 1993 and 25 June 1993,
the applicant received Letters of Reprimand (LORs) for operating
a motor vehicle while under the influence of alcohol and making a
false official statement to a superior.
She was advised of her rights in this matter and elected not to
consult with counsel or submit a statement on her own behalf. In
a legal review of the case file, the acting staff judge advocate
found the case legally sufficient and recommended discharge. The
discharge authority concurred with the recommendation and
directed a general discharge. The applicant was discharged on
27 July 1993. She served 2 years and 19 months on active duty.
On 19 April 1999, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicant’s request that her general
discharge be upgraded to honorable (Exhibit B).
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 21 May 2012, a copy of the FBI Report of Investigation and a
request for information pertaining to her post-service activities
was forwarded to the applicant for review and response within
30 days (Exhibit D). The applicant provided additional
documentation in support of her appeal (Exhibit E).
_________________________________________________________________
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. In the interest of
justice, we considered upgrading the discharge based on clemency;
however, the evidence submitted was insufficient for us to
recommend granting the relief sought on that basis. The Board
notes the applicant’s allegations of being sexually harassed and
that the treatment she suffered at the hands of her superiors
contributed to the misconduct that led to her discharge.
Unfortunately, she has not provided independent corrobative
2
evidence of her allegations and the record available to us only
details the misconduct on her part. Should she provide
supporting statements or independent corroboration of her
account, it may justify reconsideration of her appeal.
_________________________________________________________________
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-2012-00013 in Executive Session on 28 June 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00013 was considered:
Exhibit A. DD Form 149, dated 26 December 2011, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 21 May 2012.
Exhibit E. Letter, Applicant, dated 20 June 2012, w/atchs.
3
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