RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02160
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her General (Under Honorable Conditions) discharge be upgraded
to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
She believes her two years of service merit an honorable
discharge. She is considering enlisting in the National Guard
and she needs the upgrade to complete the process.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 16 Aug 90.
On 13 Oct 92, the applicants commander notified her that she
was recommending her for discharge from the Air Force for minor
disciplinary infractions. The reasons for this action were:
a. On 11 Mar 91, she was found to be delinquent in paying
her NCO Club bill, for which she received a letter of
counseling.
b. On 12 Apr 91, she was found to be delinquent in paying
her NCO Club bill for which she received a letter of counseling.
c. On 3 May 91, she was negligent in operating a
government vehicle and caused damage to the vehicle, for which
she received a letter of counseling.
d. On 16 May 91, she was found to be delinquent in paying
her NCO Club bill for a third straight month, for which she
received a letter of counseling.
e. On 6 Jun 91, she was negligent in operating a
government vehicle and caused damage to the vehicle, for which
she received a Letter of Reprimand.
f. On 12 Jun 91, she was found to be delinquent in paying
her NCO Club bill for a fourth straight month, for which she
received a Letter of Reprimand.
g. On 12 Nov 91, she was found to be delinquent in paying
her NCO Club bill, for which she received a Letter of Reprimand.
h. Between 21 May 92 and 20 Jun 92, she falsely pretended
to her roommate that she would not make long distance calls on
her roommates phone, and then made $1,244.28 of long distance
calls on her roommates account, for which she received an
Article 15, was reduced in rank, and restricted to base for 30
days.
On 16 Oct 92, the applicant acknowledged receipt of the action
and, after consulting with legal counsel, elected to submit a
statement on her own behalf.
The applicants commander recommended she be discharged from the
Air Force for minor misconduct, and on 21 Oct 92 the case was
determined to be legally sufficient.
On 22 Oct 92, the discharge authority directed the applicant be
discharged for minor disciplinary infractions without probation
and rehabilitation and directed her service be characterized as
general.
On 2 Nov 92, the applicant was furnished a General (Under
Honorable Conditions) discharge for MisconductPattern of Minor
Disciplinary Infractions, issued a Reentry (RE) Code of 2B,
and was credited with 2 years, 8 months, and 27 days of total
active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 1 Oct 12, a copy of the FBI Investigative Report and a
request for post-service information was forwarded to the
applicant for review and comment 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 applicants complete submission in judging the merits of
the case; however, we do not find the documentation presented
sufficient to conclude the applicant has been the victim of an
error or injustice. While the applicant contends her two years
of service merit an honorable discharge, we find no evidence or
an error or injustice that occurred in the discharge process.
It appears the applicants general (under honorable conditions)
discharge was consistent with the substantive requirements of
the discharge regulation in effect at the time and within the
commanders discretionary authority. No evidence has been
presented to indicate otherwise. In the interest of justice, we
considered upgrading her discharge on the basis of clemency;
however, in the absence of any documentary evidence for us to
consider in determining whether her post-service accomplishments
were sufficient to overcome the misconduct that formed the basis
of her discharge, we are not inclined to recommend granting the
relief sought on that basis. Therefore, in the absence of
evidence to the contrary, we conclude that no basis exists for
us to recommend granting the relief sought in this application.
________________________________________________________________
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-2012-02160 in Executive Session on 7 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02160 was considered:
Exhibit A. DD Form 149, dated 26 Apr 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 1 Oct 12, w/atch.
Panel Chair
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