DOCKET NUMBER: BC-2012-01162
RECORD OF PROCEEDINGS
COUNSEL: NONE
HEARING DESIRED: NO
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was told that her discharge would turn into an honorable
discharge after 6 months of being separated. She is still being
denied educational benefits because of her discharge.
In support of her request, the applicant submits a certificate
of service and her DD Form 214, Certificate of Release or
Discharge from Active Duty.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 7 December
1984. On 26 October 1987, the applicant was notified of her
commander’s intent to discharge her from the Air Force for
unsatisfactory performance. Specifically, the applicant
received two Article 15’s, two Letters of Reprimand and two
records of counseling for financial matters. The applicant
acknowledged her right to counsel, to submit matters and to a
hearing before an administrative discharge board. She consulted
counsel and waived her right to submit matters and to a hearing
before a discharge board.
On 13 November 1987, the staff judge advocate found the
discharge legally sufficient. On 18 November 1987, the
commander directed the applicant be separated with a general
(under honorable conditions) discharge. She was credited with
2 years, 11 months and 13 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 18 July 2012, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office (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. 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 during the discharge process. 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, or unduly harsh. In the
interest of justice we considered upgrading the discharge based
on clemency; however, there was no evidence submitted to compel
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 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-2012-01162 in Executive Session on 21 August 2012,
under the provisions of AFI 36-2603:
2
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBC, dated 18 Jul 12.
Panel Chair
3
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