RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03297
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
At the time of her discharge, she was young and trying to find
her way in the world; while learning to be away from home and
also trying to figure out how to be in the Air Force. It was
only with the passage of time has she learned from her mistakes.
Since her discharge she has grown up, matured, and become a
responsible mature adult and a productive member of society.
She has graduated from college with her Associates degree in
Healthcare Administration and currently enrolled in a Bachelors
program for Healthcare Management. By getting her discharge
upgraded, she feels it would enable her to continue to move
forward in her career which will benefit herself and her family.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 31 May
95.
On 2 Apr 97, the applicant received a Letter of Reprimand for
dereliction of duties, a violation of Article 92 of the Uniform
Code of Military Justice.
On 3 Apr 97, the applicant received a Letter of Reprimand for
not paying just debts, a violation of Article 92 of the Uniform
Code of Military Justice.
On 9 Apr 97, the commander established an Unfavorable
Information File on the applicant and placed her on a Control
Roster.
On 22 Apr 97, the applicant was convicted in a civilian court of
issuing a check or draft without sufficient funds. She was
sentenced to 30 days in the County Jail (suspended), ordered to
pay a criminal bond forfeit of $100.00 and ordered to make
restitution in the amount of $57.88.
On 24 Apr 97, the applicant received a Letter of Reprimand for
making a false official statement a violation of Article 91 of
the Uniform Code of Military Justice.
On 13 May 97, the applicant received a Letter of Reprimand for
disobeying a direct order and making a false official statement
a violation of Article 91 of the Uniform Code of Military
Justice.
On 23 Jul 97, the applicant accepted an Article 15, Nonjudicial
Punishment, for unlawfully striking two airmen with her hand, a
violation of Article 128 of the Uniform Code of Military
Justice. She was reduced in grade to airman, ordered to forfeit
$500 a month for 2 months (suspended), restricted to the
installation for 30 days, and given 14 days of extra duty.
On 1 Aug 97, the applicant was convicted in a civilian court of
issuing check or draft without sufficient funds. She was
sentenced to 30 days in the County Jail (suspended), ordered to
pay a criminal bond forfeit of $100.00 and ordered to make
restitution in the amount of $27.00.
On 4 Aug 97, the applicant received a Letter of Reprimand for
being found guilty in a civilian court of issuing a check or
draft without sufficient funds.
On 11 Aug 97, the applicant was notified by her commander that
he was recommending her for discharge for a pattern of
misconduct; specifically, conduct prejudicial to good order and
discipline in accordance with AFI 36-3208, Administrative
Separation of Airmen, Chapter 5, Section H, paragraph 5.50.2.
The commander recommended her service be characterized as
General.
On 13 Aug 97, the applicant confirmed she received assistance
and advice from legal counsel and provided a statement on her
behalf.
On 14 Aug 97, the applicant requested she be allowed to remain
in the Air Force and complete the remaining 18 months of her
enlistment.
On 4 Sep 97, the Staff Judge Advocate reviewed the discharge
package and found it legally sufficient.
On 8 Sep 97, the discharge authority approved the applicants
involuntary discharge with a service characterization of
General. Probation and rehabilitation was not offered.
On 1 Oct 97, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 2 years,
4 months, and 2 days of active service.
A request for post-service information was forwarded to the
applicant on 23 Sep 14 for review and comment within 30 days.
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 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 are sufficiently meritorious to 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-2014-03297 in Executive Session on 25 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03297 was considered:
Exhibit A. DD Form 149, dated 8 Aug 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin.
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