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AF | BCMR | CY2013 | BC 2013 02255
Original file (BC 2013 02255.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02255
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

She was exonerated by a judge from Washington.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 13 Sep 1983, the applicant enlisted in the Regular Air Force 
for a period of four years.

On 11 Aug 1986, her commander notified her that he was 
recommending she be discharged under the provisions of AFR 39-
10, Administrative Separation of Airmen.  The specific reasons 
for his action are reflected in the Notification Memorandum at 
Exhibit B.

On 11 Aug 1986, the applicant acknowledged receipt of the 
discharge notification and on 20 Aug 1986 she submitted matters 
for his consideration.

On 21 Aug 1986, the Staff Judge Advocate found the discharge 
legally sufficient.

On 10 Sep 1986, she was discharged from the Air Force with a 
general (under honorable conditions) discharge.  The narrative 
reason for separation is “Misconduct – Patterns of Minor 
Disciplinary Infractions.”  She served a total of 2 years, 
11 months and 28 days of active service.

On 6 Jan 2014, 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 C).

________________________________________________________________

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.  While the applicant 
states she was exonerated by a judge in Washington, she has not 
provided any evidence to show what was exonerated or how it 
pertains to her request for an upgrade to her discharge.  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 additional 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 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 this application 
in Executive Session on 20 Feb 2014, under the provisions of AFI 
36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-
2013-02255:

    Exhibit A.  DD Form 149, dated 7 May 2013.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 6 Jan 2014, w/atch.




                                   
                                   Panel Chair

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