RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00326
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
Her narrative reason for discharge, conditions that interfere
with military service-not disability-character and behavior
disorder, be changed to reflect a more positive statement about
her character.
APPLICANT CONTENDS THAT:
She was sexually harassed, treated unfairly, and wrongfully
discharged. She was wrongfully investigated for homosexuality
when she would not submit to sexual advances from a higher
ranking person. She further contends the same person initiating
the investigation made her life miserable, destroyed her
reputation and career aspirations. Her mental state at the time
of the medical evaluation was a direct result of the actions of
the military members of her organization.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 18 Feb 86, the applicant initially entered the Regular Air
Force.
On 6 Oct 89, the applicants commander notified her that he was
recommending her for involuntary discharge under the provisions
of AFR 39-10, Administrative Separation of Airmen, for
conditions that interfere with military service. The reasons
for the action were assaulting another individual and exhibiting
irrational behavior, for which the applicant was referred to
mental health for formal evaluation. The result of the
evaluation was a diagnosis of character and behavior disorder
which significantly impaired the applicants ability to function
in a military environment.
On 13 Oct 89, the applicant acknowledged receipt of the
discharge notification, consulted with counsel, and submitted
statements for her commanders consideration.
On 18 Oct 89, the discharge was found legally sufficient.
On 24 Oct 89, the discharge authority concurred with the
commanders recommendation and directed the applicant be
honorably discharged without probation and rehabilitation.
On 3 Nov 89, the applicant was furnished an honorable discharge
for conditions that interfere with military service (character
and behavior disorder), and was credited with 3 years, 8 months,
and 16 days of active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or an injustice. During the mental health evaluation,
it was determined the applicants personality traits, coupled
with constant military stressors, would continue to disrupt her
ability to be a productive member of the Air Force. Based on this
diagnosis, the commander acted within his authority by
recommending an honorable discharge and the characterization of
service is accurate. Further, AFPC/DPSOR finds no justification
for why the applicant waited more than 25 years to submit her
application.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant strongly denies the facts of the case as presented
by the Air Force OPR, indicating the facts presented by the Air
Force are fabricated and her character continues to be defamed.
Regarding the timeliness of the case, she was too scared of
retaliation to submit to her request to the Board when she was
younger. As time passed, she believed it was too late to do
anything about her record; only recently did she learn there is
no time limit to apply to the Board of corrections. With
renewed self-confidence, she is determined to correct this
injustice (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 an error or injustice. We took
notice of the applicant's complete submission, to include her
rebuttal response, 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 that the applicant has not been the
victim of an error or injustice. Based on the available
evidence of record, it appears the discharge, to include the
narrative reason for separation, was consistent with the
substantive requirements of the discharge regulation and within
the commander's discretionary authority. Other than her own
uncorroborated assertions, the applicant has provided no
evidence which would lead us to believe otherwise. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, we do not find the evidence presented is
sufficient for us to conclude that the applicants post-service
activities overcome the misconduct for which he was discharged.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought.
4. The applicants 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 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-2014-00326 in Executive Session on 17 Dec 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 24 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 18 Aug 14.
Exhibit E. Letter from applicant, dated 31 Aug 14
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