RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00136
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded
to an honorable discharge.
APPLICANT CONTENDS THAT:
The record is unjust because she was punished for a behavioral
incident and then discharged months after the fact. She had
orders to the Philippines, orders were cancelled, reenlistment
was revoked and she was subsequently discharged.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 25
Apr 88.
On 3 May 91, the applicants commander notified her that he was
recommending her discharge for minor disciplinary infractions
under the provisions of AFR-39-10, Paragraph 5.46. The reasons
for the action were as follows: Violation of TAFBR 11-1,
Chapter 6, being in a dormitory building after visiting hours,
for which she received a Letter Of Reprimand/Unfavorable
Information File and placement on the control roster on 8 Apr
91. On or about 28 Dec 90, she wrote a check to the Navy
Exchange without sufficient funds to cover the check, for which
she received a Letter of Counseling. On or about 17 Aug 90,
with intent to deceive, she made a false official statement to
Security Police, for which she received an Article 15;
punishment consisted of a suspended reduction to Airman, thirty
days extra duty, and forfeiture of $75.00 per month for two
months. On 2 August 1990, she made a false statement involving
payment of two bounced checks and two movie rentals, for which
she received an LOR that was placed in her UIF. On 6 Mar 90,
she failed to report to her duty section at the scheduled time,
for which she received an LOC. On or about 30 Oct 88, she wrote
a check to the Base Exchange without sufficient funds to cover
the check, for which she received a LOC.
On 10 May 91, after consulting with legal counsel the applicant
acknowledged receipt of the action and waived her right to
submit statements or rebuttal.
On 16 May 91, the action was found legally sufficient and the
discharge authority subsequently concurred with the
recommendation and directed the applicants discharge.
On 4 Jun 91, the applicant was furnished a general (under
honorable conditions) discharge, and was credited with three
years, one month, and ten days of active service.
On 28 Apr 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office. (Exhibit C).
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 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, due to the applicants failure to provide
information regarding her post-service activities, we cannot
conclude that such consideration is warranted. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought.
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-2014-00136 in Executive Session on 21 Nov 14, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Dec 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, 28 Apr 14, w/atch.
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