RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00644
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her General (Under Honorable Conditions) Discharge be upgraded to
Honorable.
APPLICANT CONTENDS THAT:
Her discharge was inequitable because it was based on one incident
in 17 months of service with no other adverse actions.
Additionally, she claims counsel advised her to accept
responsibility for something she did not do; which, resulted in an
article 15 and subsequent discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 9 Dec 98.
On 2 May 00, the applicant received an Article 15, Nonjudicial
Punishment for violating Uniform Code of Military Justice, Article
112a wrongful distribution of marijuana. Applicant was demoted
to airman basic.
On 9 May 00, the applicants squadron commander furnished
applicant with a recommendation for discharge memorandum in which
she supported a General discharge.
On 12 May 00, the applicant requested retention.
On 19 May 00, the staff judge advocate concluded the file
contained no errors or irregularities and recommended a general
discharge.
On 23 May 00, the wing commander in accordance with Air Force
Instruction 36-3208, chapter 5, section H, paragraph 5.54.1
approved a general discharge.
On 25 Sep 00, the applicant was furnished a general discharge, and
was credited with 1 year, 5 months, and 17 days of active service.
On 7 May 2008, the Air Force Discharge Review Board (AFDRB) denied
the applicants request to upgrade her discharge to honorable.
The AFDRB concluded that the discharge was consistent with the
procedural and substantive requirements of the discharge
regulations, was within the discretion of the discharge authority
and the applicant was provided full administrative due process.
The board further concluded that there exists no legal or
equitable basis for upgrade of discharge.
On 27 Jun 14, the Federal Bureau of Investigation (FBI) indicated
that a search of the fingerprints provided by the applicant
revealed no prior arrest data at the FBI.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of an
error or an injustice.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 Apr 14, the applicant provided a rebuttal with five
character letters for the Boards consideration. She contends
that she did not use drugs and that when the incident occurred;
she was just a young, confused and scared kid. She made up a
bogus story to hide the truth so that she did not have to inform
on a fellow airman. She was more concerned with their well-being
than her own. During the entire incident, no one really helped
her defend herself and she feels she was railroaded into accepting
a punishment she did not deserve.
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, we do not find the
evidence presented is sufficient for us to conclude that the
applicants post-service activities overcome the misconduct for
which she was discharged. 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-2014-00644 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 9 Apr 14.
Exhibit D. Information Bulletin Clemency.
Exhibit E. Applicants letter, dated 23 May 14.
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