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AF | BCMR | CY2012 | BC-2012-00013
Original file (BC-2012-00013.pdf) Auto-classification: Denied
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 

 

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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. 
 
 
 
 
 

 

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