RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01406
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to reflect an effective discharge date of
20 Dec 80.
APPLICANT CONTENDS THAT:
Her date of discharge listed on her DD Form 214 is incorrect.
It lists 20 Dec 79, when it should reflect 20 Dec 80. This
inaccuracy is impacting her ability to meet the eligibility
requirements for a civil service position that was created
specifically for her.
She has lost all of her military documentation and cannot show
the dates are incorrect; however, is quite sure her records are
in error. She received an overseas assignment during her last
six months of service (approximately Oct 80) which she could not
accept and which was part of the reason for her discharge.
In support of her request, the applicant submits a copy of her
DD Form 214.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
Records reflect that on 12 Dec 79, the applicant was notified by
her commander of his intent to discharge her under the
provisions of AFM 39-12, Separation for Unsuitability,
Misconduct, Resignation, or Request for Discharge for the Good
of the Service and Procedures for the Rehabilitation Program,
Chapter 2, Section B, paragraph 2-15a, with a General discharge
for Misconduct.
On 19 Dec 79, the Staff Judge Advocate reviewed the discharge
action and found it legally sufficient. On the same date, the
discharge authority approved a General discharge without
probation and rehabilitation.
On 20 Dec 79, the applicant was furnished an Under Honorable
Conditions discharge, and was credited with 2 years, 9 months,
and 10 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/DPSIPV recommends denial indicating there is no evidence of
an error or an injustice. The applicants date of discharge is
correctly recorded on her DD Form 214.
A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 1 Oct 14 for review and comment within 30 days
(Exhibit D). 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 applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
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-2014-01406 in Executive Session on 10 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-01406 was considered:
Exhibit A. DD Form 149, dated 31 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIPV, dated 21 May 14.
xhibit D. Letter, SAF/MRBR, dated 1 Oct 14.
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