RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02139 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her under honorable conditions (general) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: She deserves a honorable discharge because she never broke any laws or violated any articles under the Uniformed Code of Military Justice (UCMJ). She had an abusive husband and was in counseling for the abuse and physical therapy that resulted in her facing some struggles with life. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate she enlisted in the Regular Air Force on 22 Jan 02. On 31 May 05, the applicant was furnished an under honorable conditions (general) discharge and was credited with 6 years, 4 months, and 28 days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. There is insufficient documentation to support the applicant’s request to change her character of service. There is insufficient evidence contained within the applicant’s military record to confirm the circumstances and facts surrounding the applicant’s discharge. Absent the documentation, there is a presumption of regularity in which the applicant was afforded due process and the discharge was consistent with procedural and substantive requirements of the discharge regulation. Additionally, the applicant has not filed a timely petition; it has been over eight years since the applicant’s discharge from the Air Force. A complete copy of the AFPC/DPSOR 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 14 Nov 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 error or injustice. The applicant’s military personnel records contain no documents pertaining to her discharge other than her DD Form 214 that indicates she received a general discharge. As such, the circumstances that precipitated the discharge action cannot be verified. Therefore, the facts surrounding her separation and character of service could not be verified. However, based on the presumption of regularity in the conduct of governmental affairs, absent any evidence to the contrary, we must assume the applicant’s discharge and service characterization were proper and in compliance with the directive under which it was effected. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2013-02139 in Executive Session on 4 Feb 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Apr 13. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSOR, dated 21 Oct 13. Exhibit D. Letter, SAF/MRBR, dated 14 Nov 13. Panel Chair