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AF | BCMR | CY2013 | BC-2013-01018
Original file (BC-2013-01018.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01018
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

__________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  Her Reentry (RE) code of 2B, which denotes "approved 
involuntary separation with less than honorable discharge," be 
upgraded.

__________________________________________________________________

APPLICANT CONTENDS THAT:

She was young, immature and made a mistake by drinking underage.  
She loves her country and would like to reenlist and become a 
career Airman.

The applicant provides no documents in support of her request.

Her complete submission is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

On 11 Sep 2007, the applicant enlisted in the Regular Air Force.

On 4 Nov 2008, her commander notified her that she was 
recommending her discharge from the Air Force under the provisions 
of AFPD 36-32, Military Retirements and Separations, and AFI 36-
3208, Administrative Separation of Airmen, for a pattern of 
misconduct, specifically, conduct prejudicial to good order and 
discipline.  The specific reasons for her action are reflected in 
the Notification Memorandum at Exhibit B.

On 4 Nov 2008, the applicant acknowledged receipt of the discharge 
notification and on 11 Nov 2008, she submitted a statement for 
consideration.

On 13 Nov 2008, the Deputy Staff Judge Advocate found the 
discharge legally sufficient.

On 24 Nov 2008, she was discharged from the Air Force, with 
service characterized as general (under honorable conditions).  
Her narrative reason for separation is “Misconduct.”  She served 
1 year, 2 months, and 14 days of total active service.

__________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial of the applicant’s request to change 
her character of service to honorable.  DPSOR states that based on 
her overall performance, the discharge authority approved a 
general (under honorable conditions) discharge.  According to AFI 
36-3208, paragraph 1.18.2, a general discharge is appropriate when 
"significant negative aspects of the airman's conduct or 
performance of duty outweighs positive aspects of the airman's 
military record."  Her misconduct in this case clearly outweighed 
the positive aspects of her service.  As reflected in her 
discharge package, she has shown a continued disregard for 
military standards and good order and discipline.  Her record 
further shows she was counseled on numerous occasions for her 
behavior and afforded an opportunity to overcome her deficiencies.  
Her discharge was consistent with the procedural and substantive 
requirements of the discharge instruction and was within the 
discretion of the discharge authority.  The applicant did not 
provide any evidence of an error or injustice that occurred in the 
discharge processing.

The complete DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial of the applicant’s request to change 
her RE code.  DPSOR states that RE code 2B is required per AFI 36-
2606, Reenlistments in the USAF, based on her involuntary 
discharge with a general (under honorable conditions) character of 
service.

The complete DPSOA evaluation is at Exhibit D.

__________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 19 May 2013, copies of the Air Force evaluations were forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (Exhibit 
E).

__________________________________________________________________

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 agree with the opinions and recommendations 
of the Air Force offices of primary responsibility and adopt their 
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 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 5 Dec 2013, under the provisions of AFI 36-
2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Nov 2008.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 4 Apr 2013.
    Exhibit D.  Letter, AFPC/DPSOA, dated 10 May 2013.
    Exhibit E.  Letter, SAF/MRBR, dated 19 May 2013.




                                   
                                   Panel Chair
2


2






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