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AF | BCMR | CY2013 | BC 2012 05398
Original file (BC 2012 05398.txt) Auto-classification: Denied
             RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05398
		        COUNSEL:  NONE
		        HEARING DESIRED:  NO

________________________________________________________________


APPLICANT REQUESTS THAT:

Her general (under honorable conditions) discharge be upgraded 
to honorable.

________________________________________________________________


APPLICANT CONTENDS THAT:

The Air Force failed to provide her mental health services when 
she requested it, which resulted in her general discharge.  She 
is still seeking counseling after being released from active 
duty.

In support of her request, the applicant provides a DD Form 293, 
Application for the Review of Discharge from the Armed Forces of 
the United States, and a copy of 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:

On 9 Dec 08, the applicant enlisted in the Regular Air Force.

On 31 Mar 10, the applicant was notified by her squadron 
commander that he was recommending her discharge from the Air 
Force for misconduct (minor disciplinary infractions).  The 
reason for the proposed action was:  1) On 8 Dec 09, she 
received an Article 15 for underage drinking; the punishment 
imposed was a reduction in grade to airman and an Unfavorable 
Information File (UIF) action; 2) On 8 Feb 10, she received a 
Letter of Admonishment for failure to go to her appointed place 
of duty on or about 27 Jan 10 which was placed in her UIF; and 
3) On 16 Feb 10, she received an Article 15 for underage 
drinking; the punishment imposed was a reduction in grade to 
airman basic, 14 days restriction, 14 days extra duty, and 
placement in her existing UIF.

The applicant acknowledged receipt of the notification of 
discharge and, after consulting with legal counsel, submitted 
statements in her own behalf.  

The base legal office found the case legally sufficient to 
support the separation, and the discharge authority directed a 
general (under honorable conditions) discharge without probation 
and rehabilitation.

On 21 Apr 10, the applicant was discharged under the provisions 
of AFI 36-3208, Administrative Separation of Airmen, for 
Misconduct (Minor Disciplinary Infractions) with service 
characterized as general (under honorable conditions).  She 
served on active duty for a period of 1 year, 4 months, and 
13 days.

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states the applicant did 
not submit evidence or identify any errors or injustices that 
occurred in the discharge processing.  

DPSOR states that based on the documentation on file in the 
master personnel records, the discharge to include her character 
of service was consistent with the procedural and substantive 
requirements of the discharge instruction and was within the 
discretion of the discharge authority.  

The complete DPSOR evaluation is at Exhibit C.

________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 Mar 13, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days (Exhibit D).  
As of this date, this office has received no response.

________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  While 
the applicant contends the Air Force failed to provide her 
mental health services, she has not provided substantial 
evidence to support her claim.   Therefore, we agree with the 
opinion and recommendation of the Air Force office of primary 
responsibility and adopt the rationale expressed 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.

________________________________________________________________


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 Docket Number    
BC-2012-05398 in Executive Session on 26 Sep 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Dec 12, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 25 Feb 13.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Mar 13.




					Panel Chair

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