RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01626 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her under honorable conditions (general) discharge be upgraded to an honorable discharge. 2. Her reenlistment (RE) code of “2C”, involuntarily separated with an honorable discharge, or entry-level separation without characterization of service be changed to allow her to reenter military service. _________________________________________________________________ APPLICANT CONTENDS THAT: She was young and was not aware that the man she was dating was married. She has matured and achieved a college degree. In support of her request, the applicant provides a copy of her Associates Degree and a character reference. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 19 Apr 94, the applicant contracted her enlistment in the Regular Air Force. On 13 Mar 95, the applicant’s commander notified her that he was recommending her discharge from the Air Force for minor disciplinary infractions. The specific reasons for the discharge action were she received an Article 15 for adultery and two Letters of Reprimand (LORs) for financial irresponsibility and failure to go. Her commander advised her of her rights in this matter. On 14 Mar 95, she acknowledged receipt of the notification of discharge and, after consulting with legal counsel, waived her right to submit a statement in her own behalf. The legal office reviewed the case and found it legally sufficient to support separation and recommended separation with general discharge without probation and rehabilitation. On 17 Mar 95, the discharge authority directed discharge with a general discharge. She was discharged on 23 Mar 95. She was credited with 11 months and 4 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that on the basis of the data furnished, they were unable to locate an arrest record. _________________________________________________________________ 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 improper or contrary to the provisions of the governing regulation, or the RE and SPD codes issued in conjunction with her discharge were erroneous or inappropriately assigned. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which 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-2011-01626 in Executive Session on 19 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149s, dated 27 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records.