RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02139
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her under honorable conditions (general) discharge be upgraded
to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
She deserves a honorable discharge because she never broke any
laws or violated any articles under the Uniformed Code of
Military Justice (UCMJ). She had an abusive husband and was in
counseling for the abuse and physical therapy that resulted in
her facing some struggles with life.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she enlisted
in the Regular Air Force on 22 Jan 02.
On 31 May 05, the applicant was furnished an under honorable
conditions (general) discharge and was credited with 6 years, 4
months, and 28 days of total active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. There is insufficient documentation
to support the applicants request to change her character of
service.
There is insufficient evidence contained within the applicants
military record to confirm the circumstances and facts
surrounding the applicants discharge. Absent the
documentation, there is a presumption of regularity in which the
applicant was afforded due process and the discharge was
consistent with procedural and substantive requirements of the
discharge regulation.
Additionally, the applicant has not filed a timely petition; it
has been over eight years since the applicants discharge from
the Air Force.
A complete copy of the AFPC/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 14 Nov 13 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. The
applicants military personnel records contain no documents
pertaining to her discharge other than her DD Form 214 that
indicates she received a general discharge. As such, the
circumstances that precipitated the discharge action cannot be
verified. Therefore, the facts surrounding her separation and
character of service could not be verified. However, based on
the presumption of regularity in the conduct of governmental
affairs, absent any evidence to the contrary, we must assume the
applicants discharge and service characterization were proper
and in compliance with the directive under which it was
effected. Therefore, 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 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-2013-02139 in Executive Session on 4 Feb 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Apr 13.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSOR, dated 21 Oct 13.
Exhibit D. Letter, SAF/MRBR, dated 14 Nov 13.
Panel Chair
3
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