RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00328
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
A month before her discharge she was assaulted in her dorm. She
went to legal to press charges against her assailant. However,
her first sergeant convinced her to drop the charges by telling
her the court system would make her the bad guy. She was
young and naïve and because of her need to be liked she dropped
the charges.
The Board should find it in the interest of justice to consider
her untimely application because her commander told her she
could get her discharge upgraded six months after her separation
from the Air Force. She is older now and has two children and
would like her DD Form 214, Certificate of Release or Discharge
from Active Duty, to reflect that she was a good airman.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 12 August 1986, the applicant enlisted in the Regular Air
Force.
On 1 February 1988, her commander notified her that she was
recommending she be discharged under the provisions of AFR 39-
10, Administrative Separation of Airmen for Minor Disciplinary
Infractions. The applicant acknowledged receipt of the
discharge notification, consulted with counsel and submitted a
21 page statement for consideration.
On 8 February 1988, the Staff Judge Advocate found the discharge
legally sufficient.
On 9 February 1988, the discharge authority directed that she be
discharged with a general (under honorable conditions)
discharge. Probation and rehabilitation was considered and
deemed inappropriate.
On 12 February 1988, the applicant received a general (under
honorable conditions) discharge. She served one year, six
months and one day on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated a criminal history does not exist.
On 28 April 2014, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C), as of this date, no response has been received by
this office.
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 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,
in the absence of any evidence related to the applicants post-
service activities, there is no way for us to determine if the
applicants accomplishments since leaving the service warrant
such an action. 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 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 20 November 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2014-
00328 was considered:
Exhibit A. DD Form 149, dated 15 January 2014.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin, 28 April 2014.
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