RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02255 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to “honorable.” ________________________________________________________________ APPLICANT CONTENDS THAT: She was exonerated by a judge from Washington. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 13 Sep 1983, the applicant enlisted in the Regular Air Force for a period of four years. On 11 Aug 1986, her commander notified her that he was recommending she be discharged under the provisions of AFR 39- 10, Administrative Separation of Airmen. The specific reasons for his action are reflected in the Notification Memorandum at Exhibit B. On 11 Aug 1986, the applicant acknowledged receipt of the discharge notification and on 20 Aug 1986 she submitted matters for his consideration. On 21 Aug 1986, the Staff Judge Advocate found the discharge legally sufficient. On 10 Sep 1986, she was discharged from the Air Force with a general (under honorable conditions) discharge. The narrative reason for separation is “Misconduct – Patterns of Minor Disciplinary Infractions.” She served a total of 2 years, 11 months and 28 days of active service. On 6 Jan 2014, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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. 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. While the applicant states she was exonerated by a judge in Washington, she has not provided any evidence to show what was exonerated or how it pertains to her request for an upgrade to her discharge. 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, we do not find the evidence presented is sufficient to compel us to recommend granting additional 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 in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 20 Feb 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2013-02255: Exhibit A. DD Form 149, dated 7 May 2013. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 6 Jan 2014, w/atch. Panel Chair