RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00398
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
The applicant does not provide any contentions or assertions as
to why she feels her discharge characterization is in error or
unjust.
In support of her appeal, the applicant provides copies of her
discharge notification memorandum and her response.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 29 November 2005.
The applicant received a Letter of Reprimand (LOR), dated
9 February 2009, for failing her Physical Training (PT) test; a
Letter of Reprimand (LOR), dated 2 February 2009, for failing to
go to PT and failure to obey; a Letter of Counseling (LOC),
dated 9 December 2008, for failure to go to PT; a suspended
punishment from an Article 15 vacated for underage drinking; an
Article 15 for wrongfully discussing an investigation with
another individual; a notification of promotion withholding for
failure to meet Air Force physical fitness standards; and an
LOR, dated 20 March 2008, for failing a PT test.
On 20 April 2009, the applicant was notified of her commanders
intent to recommend her for a general (under honorable
conditions) discharge under the provisions of Air Force Program
Directive (AFPD) 36-32 and Air Force Instruction (AFI) 39-3208,
Chapter 5, Section H, paragraph 5.49, for Misconduct: Minor
Disciplinary Infractions. The applicant acknowledged her
commanders intent, consulted counsel, and submitted a statement
in her own behalf.
On 30 April 2009, the discharge authority approved the
recommended discharge and directed the applicant be furnished a
general (under honorable conditions) discharge without probation
or rehabilitation.
The applicant was discharged from active duty in the grade of
airman (E-2) effective 8 May 2009 with a general (under
honorable conditions) discharge. Her DD Form 214, Certificate
of Release or Discharge from Active Duty, indicates her
narrative reason for separation as Misconduct. She served
three years, five months, and ten days on active duty.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states that based on the
documentation in the master personnel records, the discharge, to
include the applicants 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 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.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 March 2013, 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 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 in the discharge processing. 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, unduly harsh, or
disproportionate to the offenses committed. In the interest of
justice, we considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient 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-2013-00398 in Executive Session on 17 October 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-00398:
Exhibit A. DD Form 149, dated 24 Nov 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 27 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 13.
Panel Chair
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