DOCKET NUMBER:  BC-2012-00887 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
 
IN THE MATTER OF: 
   
   
 
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
1.  Her  DD  Form  214,  Certificate  of  Release  or  Discharge  from 
Active Duty, be corrected to reflect the correct time in service 
– administratively corrected. 
 
2.  Her  reentry  (RE)  code  of  “2B”  (Separated  with  a  general  or 
under-other-than-honorable (UOTHC) discharge) be changed. 
 
3. Her separation (SPD) code of “JKN” (Misconduct) be changed. 
 
4.  Her  discharge  be  upgraded  from  general  (under  honorable 
conditions) to honorable. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The  minor  disciplinary  infractions  that  she  received  were 
primarily due to the conduct of her ex-husband.  The document to 
prove her innocence (Article 15) was misplaced.  In addition, all 
charges were unjustified and dismissed by the police department. 
 
She  has  earned  her  Bachelor’s  Degree  in  Social  Work  and  is  a 
member  of  Phi  Alpha  Honor  Society.    She  needs  her  discharge 
upgraded in order to help veterans.   
 
In support of this request, the applicant provides excerpts from 
her  military  personnel  records,  a  copy  of  a  letter  from 
Southwestern  Bell,  a  copy  of  AFAS  Form  2,  Application  for  Air 
Force Aid Society Financial Assistance, a copy of a letter from 
Rhoades Properties, a copy of a printout from AFR 30-1 regarding 
general discharges, and a copy of her Congressional Inquiry. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
 
 
 
STATEMENT OF FACTS: 
 
 

 
The applicant enlisted into the Regular Air Force on 2 Mar 83.  
On  15  Jan  85,  she  was  notified  by  her  commander  that  he  was 
recommending  her  for  discharge  from  the  Air  Force  under  the 
provisions  of  AFR  39-10,  Section  H,  paragraph  5-46,  for  minor 
disciplinary infractions.  The specific reasons for this action 
were 1) an incident involving public lewdness for which she was 
arrested by the Fort Worth Police Department, bringing discredit 
upon the Air Force; 2) receiving traffic citations, and 3) being 
late for duty.  For these infractions she was reduced in grade to 
airman by article 15, received letters of reprimand and letters 
of  counseling,  respectively.    After  a  legal  review,  the  Staff 
Judge Advocate found the case legally sufficient.  The applicant 
received  a  general  (UHC)  discharge  on  24  Jan  85  after  serving 
1 year, 10 months, and 23 days on active duty. 
 
On 1 May 85 and 18 Nov 93, the Air Force Discharge Review Board 
(AFDRB) considered the applicant’s appeal to have her discharge 
upgraded;  however,  they  concluded  that  the  discharge  was 
consistent  with  the  procedural  and  substantive  requirements  of 
the discharge regulation and was within the discharge authority’s 
discretion, and denied her requests. 
 
AFPC/DPSIPV  has  administratively  corrected  the  applicant’s 
DD Form 214, Item 12c, to reflect 1 year, 10 months, and 23 days, 
rather  than  1  year,  8  months,  and  23  days;  and  Item  12e,  to 
reflect 8 months and 11 days rather than 8 months and 10 days. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSOS  recommends  denial  stating  that  based  on  the 
applicant’s  personnel  record,  the  discharge  to  include  her 
characterization  of  service  was  consistent  with  the  procedural 
and substantive requirements of the discharge regulation and was 
within the discretion of the discharge authority.  The applicant 
has  not  provided  any  evidence  of  an  error  or  injustice  that 
occurred  in  the  processing  of  her  discharge.    In  addition, 
although the applicant had the civil charges against her dropped, 
the  documented  misconduct  was  a  significant  departure  from  the 
standards of conduct expected of military members.   
 
The complete DPSOS evaluation is at Exhibit C. 
 
AFPC/DPSOA  recommends  denial  stating  that  the  “2B”  RE  code  is 
correct  because  she  received  a  general  (UHC)  character  of 
service.    Additionally,  the  applicant’s  discharge  was  supported 
by  three  (3)  Letters  of  Reprimand,  three  (3)  Letters  of 
Counseling,  and  other  documents  that  show  a  pattern  of 
misconduct. 
 
The complete DPSOA evaluation is at Exhibit D. 
 

 

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_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
Copies  of  the  Air  Force  evaluations  were  forwarded  to  the 
applicant on 26 Jul 12 for review and comment within 30 days.  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 with respect to 
the applicant’s request to change her RE and SPD code.  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 offices of primary responsibility 
and  adopt  their  rationale  as  the  basis  for  our  conclusion  that 
the applicant has not been the victim of an error or injustice.  
With  regard  to  the  applicant’s  request  to  have  her  discharge 
upgraded from general to honorable, 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.  Furthermore, we do not find clemency is appropriate 
in  this  case  since  the  applicant  has  not  provided  any  evidence 
concerning her post-service activities.  We note with regard to 
her  time  in  service,  the  Air  Force  office  of  primary 
responsibility  has  administratively  corrected  the  applicant’s 
record to reflect her appropriate record of service.  Therefore, 
in the absence of evidence to the contrary, we find that relief 
beyond that already granted administratively is not warranted.   
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered. 
 
_________________________________________________________________ 
 
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 

 

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submission  of  newly  discovered  relevant  evidence  not  considered 
with this application. 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-00887 in Executive Session on 10 Jan 13, under the 
provisions of AFI 36-2603: 
 
 
 
The  following  documentary  evidence  for  Docket  Number  BC-2012-
00887 was considered: 
 
    Exhibit A.  DD Form 149, dated 1 Mar 12. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSOS, dated 15 May 12. 
    Exhibit D.  Letter, AFPC/DPSOA, dated 14 Jun 12. 
    Exhibit E.  Letter, SAF/MRBR, dated 26 Jul 12. 
 
 
 
 
                                    
                                   Panel Chair 

 

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