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AF | BCMR | CY2013 | BC 2013 05526
Original file (BC 2013 05526.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05526
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

Her separation orders show her discharge as honorable, but her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, shows it as a general discharge.

In support of her request, the applicant provides a copy of her 
AF IMT Form 100, Request and Authorization for Separation.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 13 Jan 94, the applicant enlisted in the Regular Air Force.

On 18 Sep 12, the applicant received a general (under honorable 
conditions) discharge with a narrative reason for separation of 
“Misconduct (Minor Infractions).”  She was credited with 
18 years, 8 months and 6 days of total active service.

On 14 Jan 14, AFPC/DPSOR notified the applicant that as a result 
of her Lengthy Service Probation consideration, her separation 
orders were amended to reflect the correct service 
characterization of general (under honorable conditions).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating the applicant’s 
separation orders have been amended to reflect the correct 
service characterization intended by the discharge authority and 
a copy has been placed in the applicant’s record.

On 19 Jan 12, the applicant’s commander notified her that he was 
recommending her discharge from the Air Force for misconduct 
(minor disciplinary infractions).  The reasons for the action 
included the applicant making false official statements, being 
arrested on the charge of burglary with a weapon, failing to pay 
her debts, and writing false checks, for which she received 
three Letters of Reprimand (LORs) and nonjudicial punishment 
(NJP) action under Article 15 of the Uniform Code of Military 
Justice (UCMJ), respectively.

On 6 Sep 12, the Air Force Review Boards Agency, acting under 
authority delegated by the Secretary of the Air Force, denied 
the applicant’s request for Lengthy Service Probation and 
directed the administrative discharge be executed.  The 
applicant was discharged with a general, under honorable 
conditions service characterization.

In accordance with AFI 36-3208, Administrative Separation of 
Airmen, paragraph 6.35, airmen who have completed at least 
16 but less than 20 years of active service creditable toward 
retirement at the time discharge action starts, are entitled to 
special consideration for probation upon their request since 
they are nearing retirement eligibility.  

A copy of the 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 30 Jan 14 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 an error or an injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  
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-2013-05526 in Executive Session on 18 Sep 14, under 
the provisions of AFI 36-2603:

		                            , Panel Chair
		                                , Member
		                          , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Nov 13, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 14 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 14.










                                   
                                   





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