RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01070 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions (UHC)) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: She was not in the right frame of mind when she served in the military; however, she is currently sober and actively participating in the Alcoholics Anonymous (AA) program. Since her discharge from the Air Force, she has been diagnosed with depression and receives a 30 percent service connected disability rating from the Department of Veterans Affairs (DVA). She admits of not handling her depression the right way while serving on active duty. In support of her request, she provides a copy of her life skills support center records and a copy of a letter from the DVA. Her complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 24 Jun 03. On or about 6 Nov 04, the applicant received a Letter of Reprimand (LOR) for her misconduct of consuming alcoholic beverages under the legal drinking age of 21. On 4 Jan 05, the applicant was placed on a profile in a “4T” status (not world-wide qualified) while undergoing treatment in the Alcohol and Drug Abuse Prevention and Treatment (ADAPT). On 2 Mar 05, the applicant received an Article 15 for dereliction of duty, specifically for consuming alcoholic beverages while under the legal drinking age and was reduced to the grade of airman; suspended forfeiture of $692.00 pay per month for 2 months, and 30 days of extra duty (15 days were suspended). It appears the applicant abused drugs while on active duty and was entered into the Intensive Outpatient Treatment Program; however, after participating nearly 60 days she decided she would no longer participate in the program. On 25 Apr 05, the applicant was recommended by her commander for discharge from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, paragraph 5-32. The specific reason for this action was due to the applicant’s failure in ADAPT program. The applicant was under the legal drinking age when she was admitted into the ADAPT program. The applicant acknowledged receipt of the discharge notification and waived her right to consult and to submit statements on her own behalf. After a legal review of the case file, the chief of military justice found the case legally sufficient. On 3 Jun 05, the applicant was discharged with a UHC discharge. She served 1 year, 11 months, and 10 days on active duty. On 6 Jan 06, the applicant submitted an application through the Discharge Review Board (DRB) to request her general (UHC) discharge be upgraded to honorable. The DRB denied her request stating her discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The applicant was provided full administrative due process. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states they do not dispute the applicant’s claim of depression; however, it does not affect the basis of her discharge. DPSOS notes the applicant was given the chance to receive medical treatment and counseling; however, she refused to participate. DPSOS is also of the opinion the applicant’s reason for separation was consistent with the procedural and substantive requirements of the discharge instruction and was within the discharge authority’s discretion. The DPSOS complete 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 21 Aug 09 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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. After careful consideration of the available evidence, the Board found no indication the actions taken to affect her discharge and characterization of her service were improper, contrary to the provisions of the governing regulations in effect at the time, or based on factors other than her own misconduct. Therefore, the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ 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-2009-01070 in Executive Session on 29 Sep 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Mar 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 10 Aug 09. Exhibit D. Letter, SAF/MRBR, dated 21 Aug 09. Panel Chair