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AF | BCMR | CY2014 | BC 2014 03735
Original file (BC 2014 03735.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 					DOCKET NUMBER: BC-2014-03735

 							COUNSEL:  NONE

							HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her general (under honorable conditions) discharge be upgraded.


APPLICANT CONTENDS THAT:

She submitted a DD Form 293, Application for Review of Discharge 
from the Armed Forces, for upgrade of her general discharge but 
it was denied by the Air Force Discharge Review Board (AFDRB) on 
19 Jun 14.

She requests reconsideration of her request as she would like to 
use the GI Bill to attend college and better herself.  Her 
discharge was only for minor infractions and it does not reflect 
the type of person she is.  

In support of her request, she provides letters of support and 
certificates of recognition.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 5 Jun 07, the applicant entered the Regular Air Force.  

On 10 Sep 10 she was discharged with service characterized as 
general (under honorable conditions) with a narrative reason for 
separation of “Misconduct (minor infractions),” and Reentry (RE) 
code “2B” which denotes “Discharged under General or other than 
honorable conditions.”  


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  Based on a review of the master 
personnel records, the discharge, to include the Separation 
Program Designator (SPD), narrative reason for separation, and 
character of service, was consistent with the procedural and 
substantive requirements of the discharge instruction and was 
within the discretion of the discharge authority.  DPSOR did not 
find any evidence of any errors or injustices in the discharge 
processing.
  
The applicant was notified by her commander on 18 Aug 10 he was 
recommending her for discharge from the Air Force for 
misconduct, specifically, minor disciplinary infractions based 
on the following:	

     On or about 4 May 09, she failed to progress and meet 
required deadlines in her Career Development Course (CDC).  As a 
result, she received a LOC.

     On or about 1 May 09 and 2 May 09, with intent to deceive, 
she made multiple official statements which were false and were 
then known by her to be false for which she received an Article 
15, UCMJ.

     On or about 14 Oct 09, she failed to show at her assigned 
place of duty for physical training at the assigned time for 
which she received a LOC.  

     On or about 21 Oct 09, she failed to complete squadron 
physical training requirements as she was instructed to do.  As 
a result, she received a Letter of Counseling (LOC).

     On or about 25 Nov 09, she missed a mandatory medical 
appointment for which she received a LOR.

     On or about 22 Apr 10, she was derelict in the performance 
of her duties in that she failed to complete the end-of-day 
checklist for which she received a LOR.

     On or about 27 Apr 10, she was derelict in the performance 
of her duties in that she failed to complete her end of day 
duties as assigned for which she received a Letter of Reprimand 
(LOR). 

     On or about 26 Jun 10, she failed to obey a lawful general 
regulation by wrongfully operating a government owned off-road 
vehicle for unofficial purposes for which she received an 
Article 15, Uniform Code of Military Justice (UCMJ).

The applicant acknowledged receipt of the notification of 
discharge and was afforded the opportunity to consult with legal 
counsel and submit statements in her own behalf.  

The base legal office reviewed the case and found it legally 
sufficient to support the separation and the discharge authority 
approved the recommendation of discharge.  

The record shows that the applicant was afforded several 
opportunities to overcome deficiencies in her conduct but with 
no success. The commander concluded the unit had exhausted all 
options to rehabilitate the applicant; however, she repeatedly 
failed to conform to Air Force standards of conduct.  Based on 
this, discharge was the next option.  

A complete copy of the DPSOR evaluation is at Exhibit C.  


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
application on 23 Dec 14 for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
response.  


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 agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
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-2014-03735 in Executive Session on 13 May 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member
 

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03735 was considered:

	Exhibit A.  DD Form 149, dated 9 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 23 Oct 14.
	Exhibit D.  Letter, SAF/MRBR, dated 23 Dec 14.

						

 

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