RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00163
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
During the time period in question, the applicant was under a
lot of stress due to personal problems. She attended counseling
at the base hospital and indicated to the doctor that she had
been sexually abused as a child. The doctor made her take the
personality disorder test twice. She believes these issues had
an effect on her military career. She further states that she
was informed that she could receive an upgrade of her discharge
within six months of her separation.
In support of the applicants appeal, she provides an unofficial
transcript and a copy of her DD Form 214, Certificate of Release
or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 July 1980.
The applicant was notified by her commander of his intent to
recommend that she be discharged from the Air Force under the
provisions of AFR 39-10 (Misconduct Pattern of Minor
Disciplinary Infractions). The specific reasons for the
commanders decision was the applicant had been counseled on
seven occasions for various infractions including failing to
properly maintain her dormitory room, failing to comply with AFR
35-10 uniform and appearance standards, unauthorized use of a
government vehicle by her dependents, and dereliction of duty.
She received two letters of reprimand for failing to comply with
AFR 35-10 uniform and appearance standards and for leaving a
weapon in a security police vehicle without securing it. Also,
she received nonjudicial punishment on two occasions for
dereliction of duty and for failing to go.
The applicant was advised of her rights in the matter and after
consulting with counsel the applicant elected to submit a
statement on her own behalf. In a legal review of the case
file, the staff judge advocate found the case legally sufficient
and recommended discharge. The discharge authority concurred
with the recommendation and directed a general (under honorable
conditions) discharge. The applicant was discharged on 11 July
1983. She served 3 years and 11 months on active duty.
On 18 April 1986, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicants request that her general
(under honorable conditions) discharge be upgraded. They
concluded that the discharge was consistent with the procedural
and substantive requirements of the discharge regulation and was
within the discretion of the discharge authority and that the
applicant was provided full administrative due process. There
exists no legal or equitable basis for upgrade of discharge
(Exhibit B).
________________________________________________________________
_
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. 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, based on the evidence before us, we find no
basis to grant clemency at this time. 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 the evidence presented did not
demonstrate the existence of an 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-2013-00163 in Executive Session on 24 October 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 March 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
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