RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00884 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: She served her country and was discharged for medical reasons. She was involved in a dispute with two other servicemembers and decided to take the general discharge. She was advised that she could request an upgrade of her discharge after six months. She served with honor and would “have loved to have had an opportunity to retire.” The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was notified of an administrative discharge board hearing, on 25 Apr 85, for misconduct, specifically, due to an investigation of allegations that the applicant was involved in homosexual acts with an adult female. Specifically, on or about (o/a) 10 Feb 85, through a security police report, it was learned of the applicant’s involvement in homosexual acts with an adult female on at least four occasions; and o/a 7 Jul 84, the applicant left without authority her appointed place of duty, and o/a 8 Jul 84, the applicant failed to go to her appointed place of duty. The discharge authority recommended the applicant receive an honorable discharge; however, the discharge process was deferred pending the outcome of a dual- action process on 9 Sep 85. The applicant was also charged with making false official statements and filing false travel vouchers for per diem and travel pay. On 2 Oct 85, charges were preferred and on 9 Oct 85 they were referred to trial by special court-martial. On 11 Dec 85, the applicant submitted her request for discharge in lieu of trial by court-martial through her counsel. On 6 Jan 86, the discharge authority directed an under other than honorable conditions (UOTHC) discharge. However, the discharge was held in abeyance pending the outcome of a dual- action process. The applicant was processed for a medical determination. The Formal Physical Evaluation Board (FPEB) recommended a disability discharge with a compensable rating of 20 percent. Her case was forwarded to the Secretary of the Air Force Personnel Council (SAFPC) for review and disposition, and they recommended the applicant be discharged with a general discharge. The applicant was discharged, on 6 Nov 86, by reason of physical disability with a compensable disability rating of 20 percent and entitlement to severance pay, with service characterized as general (under honorable conditions). On 8 Sep 11, the applicant was invited to provide additional evidence pertaining to her activities since leaving the service (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 during the discharge process. 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. The applicant was provided due process, including having her case considered by a medical evaluation board, resulting in a disability separation, with severance pay. In addition, considering her overall record of service and the events which led to her separation, we are not persuaded that an upgrade of the characterization of her discharge is warranted on the basis of clemency. 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 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 AFBCMR Docket Number BC-2011-00884 in Executive Session on 13 October 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Feb 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 8 Sep 11, w/atchs. Panel Chair