RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05170
COUNSEL:
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded
to honorable, so she may reenter the Air Force or another branch
of the Armed Forces.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She has a desire to serve her country; realizes her mistakes;
and understands she is not perfect.
In Jul 13, she will complete her Bachelors of Arts Degree in
Business Administration with an emphasis in Accounting from
Mercer University. She works full-time and plans to pursue a
Masters Degree in Accounting.
She was immature; did not take responsibility for her actions;
and wants another opportunity to present her leadership skills.
In support of her request, the applicant provides a personal
statement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Apr 06, the applicant enlisted in the Regular Air Force.
On 16 Jan 07, the applicant was notified of her commanders
intent to recommend she be discharged from the Air Force under
the provisions of AFI 36-3208, Administrative Separation of
Airmen. The specific reason for the action was minor
disciplinary infractions. The applicant acknowledged receipt of
the notification of discharge and after consulting with counsel,
submitted a statement on her own behalf. For a full accounting
of the offenses and punishments, please see Exhibit B.
On 24 Jan 07, the Deputy Staff Judge Advocate reviewed the case
file and found it legally sufficient to support a discharge and
recommended that she receive a general (under honorable
conditions) discharge without probation and rehabilitation.
On 29 Jan 07, the discharge authority approved the applicants
discharge. On 30 Jan 07, the applicant was discharged for
misconduct with service characterized as general (under
honorable conditions) in the grade of airman. She served
9 months and 18 days of total active service.
On 5 Apr 07, the applicant requested that her Letter of
Reprimand (LOR), and two Letters of Counseling (LOC) be removed
from her records and that she be reinstated in the Air Force.
On 25 Sep 07, the Board considered and denied the applicants
request. For an accounting of the facts surrounding her
previous request and the rationale of the Boards earlier
decision, see the Record of Proceedings at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states that the applicants
misconduct clearly outweighed the positive aspects of her
service. The commander stated, before recommending the
discharge, that every effort was made by the applicants
supervision to rehabilitate her. She received one LOR and two
LOCs to correct her inappropriate behavior. She demonstrated a
lack of respect for authority and a total disregard for policies
and procedures constantly throughout her military career.
Further, the applicants record shows she was counseled on
numerous occasions for her behavior and afforded an opportunity
to overcome her deficiencies. The applicants incidents of
misconduct disrupted good order, discipline, and morale within
the military community; hence, the discharge was appropriate.
The applicant did not provide any evidence of an error or
injustice that occurred in the discharge processing.
The complete DPSOR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 Mar 13, for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. In view of the
above and in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2012-05170 in Executive Session on 20 Jun 13, under
the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-05170 was considered:
Exhibit A. DD Form 149, dated 25 Oct 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 18 Dec 12.
Exhibit D. Letter, SAF/MRBC, dated 7 Mar 13, w/atch.
Chair
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