RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01789

	COUNSEL: 
	
	HEARING: NO

APPLICANT REQUESTS THAT:

Her Bad Conduct discharge be upgraded to a General discharge.  

APPLICANT CONTENDS THAT:

Her Bad Conduct discharge was unjust.  She was dealing with mental health and other difficulties, but she was afraid to get help at the time.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant received a Bad Conduct discharge on 30 Apr 04. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  They found no evidence to suggest that the applicant’s court-martial conviction was not supported in law and fact, and find the applicant was afforded all procedural due process rights.  There is no basis in law to suggest that applicant’s court-martial process was an injustice warranting correction by this Board.  The complete advisory is at Exhibit C.

AFBCMR Psychiatric Consultant recommends denying the application.  She found no mental health records in the Armed Forces Health Longitudinal Technology Application (AHLTA).  With the applicant’s history of chronic cutting, angry outbursts, and “probable dissociative episodes”, it appeared evident that she had a mental health disorder prior to entering the military, which was then aggravated by her rape.  The applicant’s delayed reporting was not surprising considering that it took her 11 years to report her rape at age two to her parents.  There is no record in her file of the applicant’s life since the military.  The Psychiatric Consultant opined there is insufficient evidence to warrant the desired change of the applicant’s record.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 26 Apr 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendations of AFLOA/JAJM and the AFBCMR Psychiatric Consultant, and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-01789 in Executive Session on 5 Jun 18.

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Apr 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 4 Oct 16.
Exhibit D:	Advisory opinion, AFBCMR Psychiatric Consultant, 3 Apr 18
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, pertaining to Docket Number BC-2016-01789.