AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00884 
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: 
 
Minor  allegations  resulted  in  her  premature  release  from 
military service.  The two negligible violations of the military 
standards  in  question,  riding  in  a  POV  and  being  drunk  and 
disorderly,  are  offenses  that  could  have  been  rehabilitated 
instead of hastily pursuing discharge proceedings.  The untimely 
discharge resulted in the loss of veteran’s benefits.   
 
In  Mar  94,  she  joined  the  Army  National  Guard  and  served  for 
three years, earning promotion to E-4.  She received letters of 
appreciation  and  was  Honorably  discharged.    As  a  quadriplegic 
since  2002,  rehabilitation  services  are  vital  to  her  achieving 
independence.   
 
In  support  of  her  appeal,  the  applicant  provides  copies  of  her 
DD  Form  214,  Certificate  of  Release  or  Discharge  from  Active 
Duty,  a  DD  Form  293,  Application  for  the  Review  of  Discharge 
from the Armed Forces of the United States, and information from 
her Air Force and Army records.   
 The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant initially enlisted in the Air Force on 22 May 89.  
 
On 15 Nov 89, the applicant’s First Sergeant entered a Memo for 
the  Record  into  her  official  file  stating  he  had  counseled  her 
for saying she wished to be discharged from the Air Force, and 
if she could not receive an entry-level separation she “would do 
her  job,  what’s  expected,  do  just  enough  to  get  by.”    In 

1.    On  2  Nov  89,  she  was  notified  she  would  not  be 

addition, she stated she didn’t like the military style of life 
and could not adapt.   
 
On  12  Dec  89,  the  applicant’s  commander  notified  her  he  was 
recommending  her  discharge  from  the  Air  Force  for  minor 
disciplinary  infractions.    She  consulted  with  counsel,  and  did 
not  submit  statements  in  her  own  behalf.    The  reasons  for  the 
discharge action were: 
 
 
recommended for promotion to Airman (E-2). 
 
2.    On  24  Oct  89,  she  was  disenrolled  from  a  Morse  Code 
 
Interceptor  training  course  by  the  course  commander,  pending 
further disciplinary action.  
 
3.    On  24  Oct  89,  she  received  an  Article  15,  Record  of 
 
Nonjudicial  Punishment  Proceedings  under  the  Uniform  Code  of 
Military Justice (UCMJ), for being drunk and disorderly.  
 
4.    On  23  Oct  89,  she  received  a  Letter  of  Reprimand  for 
 
riding  in  a  Privately  Owned  Vehicle  (POV)  while  in  Phase  1  of 
the Military Training Standards for Enlisted (MTSE) program.   
 
On  15  Dec  89,  her  commander  recommended  her  for  a  General 
discharge for minor disciplinary infractions.  On 8 Jan 90, the 
case was found to be legally sufficient and, on 17 Jan 90, the 
discharge 
commander’s 
recommendation and ordered the applicant be furnished a General 
discharge without probation or rehabilitation.   
 
On  24  Jan  90,  the  applicant  was  furnished  a  General  (Under 
Conditions) 
Honorable 
disciplinary 
infractions and was credited with serving eight months and three 
days of active service.  
 
On  13  Dec  90,  an  Air  Force  Discharge  Review  Board  (AFDRB) 
considered  and  denied  the  applicant’s  appeal  to  upgrade  her 
discharge to Honorable.  The AFDRB found neither the evidence of 
record  nor  that  provided  by  the  applicant  substantiated  an 
inequity  or  impropriety  which  would  justify  a  change  of 
discharge.   
 
Pursuant  to  the  Board’s  request,  the  Federal  Bureau  of 
Investigation  (FBI)  provided  a  copy  of  an  Investigative  Report 
indicating  they  were  unable  to  locate  an  arrest  record  on  the 
basis of the information provided. 
 
On  13  Sep  12,  a  request  for  post-service  information  was 
forwarded  to  the  applicant  for  review  and  comment  within  30 
days.  (Exhibit C) 
 
In  response,  the  applicant  submitted  an  expanded  statement 
outlining  her  achievements  since  separating  from  the  Air  Force 

concurred 

authority 

discharge 

for 

minor 

with 

the 

 
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and  copies  of  two  diplomas,  two  character  references,  and  two 
receipts showing her donations to charitable causes.   
 
The  applicant’s  complete  response,  with  attachments,  is  at 
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.  We have thoroughly reviewed the circumstances surrounding the 
applicant's  discharge  and  find  no  impropriety  in  the 
characterization  of  service.    Considered  alone,  we  conclude  the 
discharge proceedings were proper and the characterization of the 
discharge  was  appropriate  to  the  existing  circumstances.  
Consideration  of  this  Board,  however,  is  not  limited  to  the 
events  which  precipitated  the  discharge.    Further,  we  may  base 
our decision on matters of equity and justice, rather than simply 
on  whether  rules  and  regulations  which  existed  at  the  time  were 
followed.  The Board took note of the relatively minor nature of 
the  incidents  which  precipitated  the  applicant’s  discharge,  her 
subsequent  service  in  and  honorable  discharge  from  the  Army 
National  Guard,  and  her  contributions  to  the  civilian  community 
over  the  20  plus  years  since  her  discharge  from  the  Air  Force.  
Under our broader mandate and after careful consideration of all 
the  facts  and  circumstances  of  the  applicant's  case,  we  believe 
it  would  be  an  injustice  for  her  to  continue  to  suffer  the 
adverse effects of the discharge.  In the interest of justice, we 
therefore  conclude  the  applicant's  discharge  should  be  upgraded 
on the basis of clemency. 

 ________________________________________________________________ 
 
THE BOARD RECOMMENDS THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force  relating  to  the  APPLICANT  be  corrected  to  show  that  on 
24 January  1990,  she  was  honorably  discharged  and  furnished  an 
Honorable Discharge certificate. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-00884  in  Executive  Session  on  23  Oct  12,  under 
the provisions of AFI 36-2603: 
 
 
 
 
 

  Panel Chair 
  Member 
  Member 

 
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Exhibit A.  DD Form 149, dated 29 Feb 12, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFBCMR, dated 13 Sep 12. 
Exhibit D.  Letter, Applicant, dated 1 Oct 12, w/atchs.   

All  members  voted  to  correct  the  records  as  recommended.    The 
following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00884 was considered: 
 
 
 
 
 
 
 
 
 
  
                                   Panel Chair 
 
 
 
 
 
 
 
 

 
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