RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03201
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
She does not believe her discharge was unjust but believes she
has made positive changes in her life that warrant a second
chance for a clean slate.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she enlisted
in the Regular Air Force on 5 Feb 91.
On 14 Jan 94, the applicant pled not guilty and was found guilty
at a Special Court-Martial (SPCM) of one specification of
malingering in violations of Article 115 of the Uniform Code of
Military Justice (UCMJ). She was sentenced to 75 days
confinement and reduction to the grade of airman basic (E-1).
On 7 Feb 94, the convening authority approved the finding and
the sentence was executed.
On 14 Mar 94, the applicants commander notified her that he was
recommending her discharge from the Air Force for discreditable
involvement with military authorities. The specific reason for
the action was that she was found guilty at a SPCM of one
specification of malingering in violation of Article 115 of the
UCMJ.
On 1 Apr 94, the applicant was furnished a general (under
honorable conditions) discharge with a narrative reason for
separation of Pattern of Misconduct and was credited with 3
years, 1 month and 27 days of total active service.
On 2 Apr 14, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). In response, the applicant provided statements
from coworkers reiterating the applicants accomplishments since
leaving the Air Force and expressing their support of the
applicants request for an upgrade of her discharge. The
applicant also provided copies of her post-service education
accomplishments and certificates for various accomplishments
from her employment (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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred in the discharge process. Based on the
available evidence of record, it appears the applicants general
(under honorable conditions) discharge for pattern of misconduct
was consistent with the substantive requirements of the
discharge regulation and within the discharge authoritys
discretion. She has provided no evidence which would lead us to
believe otherwise. 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 at this time.
Therefore, in view of the above, and in the absence of evidence
to the contrary, we conclude that no basis exists to upgrade the
applicants general discharge.
________________________________________________________________
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-2013-03201 in Executive Session on 29 Apr 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 2 Apr 13.
Exhibit D. Letter, Applicant, dated 2 Apr 14, w/atchs.
Panel Chair
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