RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01562
            INDEX CODE:  100, 110

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    Her general (under honorable conditions) discharge  be  upgraded
to honorable.

2.    Her reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It is within her heart and soul to earn the title of a  United  States
Marine and to be forgiven from her 1 past isolated incident  that  she
was justifiably punished for by the Air Force and  to  this  day,  her
former  discharge  classification  still  reflects   that   punishment
negatively for the rest  of  her  life.   She  desires  to  serve  her
country, as she has given 7 years of her life to the U.S. Armed Forces
which was a significant  benefactor  in  creating,  transforming,  and
molding the  character  that  she  is  today.   She  served  her  past
punishment from the Air Force that she encountered as a young  person,
that she deserved, paid for, and which, in itself, is a continual life-
long reminder to her.  Her post-service accomplishments  and  positive
achievements that she earned upon her discharge,  and  obtained  after
struggling for several years, is a result  of  her  former  Air  Force
discharge and the positive impact that it instilled within her.

In support of her appeal, the applicant provided a copy of her DD Form
214  (Certificate  of  Release  or  Discharge  From  Active  Duty),  a
statement from the Marine Corps recruiter,  a  resume,  and  a  5-page
personal statement.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________





STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  10 Feb  87  for  a
period of 4 years in the grade of airman  basic.   She  was  honorably
discharged on 9 Oct 90 in the grade of senior airman and reenlisted on
10 Oct 90 for a period of 4 years.   Her  Airman  Performance  Reports
(APRs) reflected ratings of 4, 4, and 5, respectively.

On 28 Jul 93, applicant received a  Letter  of  Counseling  (LOC)  for
failing a formal inspection.  She failed to have the proper  gear  and
did not have her boots shined.

On 12 Aug 93, applicant was notified  of  her  commander’s  intent  to
impose nonjudicial punishment  upon  her  for  the  following  alleged
misconduct:  on or about 3 Aug 93,  at  Camp  Pendleton  Marine  Base,
California, she did operate a vehicle, a passenger car, while drunk.

On 17 Aug 93, after consulting  with  counsel,  applicant  waived  her
right to  a  trial  by  court-martial,  did  not  request  a  personal
appearance, and submitted a written presentation.

On 18 Aug 93, she was found guilty by her commander  who  imposed  the
following punishment:  reduction to the grade of  airman  first  class
with a new date of rank (DOR) of 18 Aug 93.

Applicant did appeal the punishment; however, the appeal was denied on
27 Aug 93.  The Article 15 was filed in  her  Unfavorable  Information
File (UIF).

On 18 Oct 93, the applicant was notified by the commander that he  was
recommending her discharge from the Air Force for the commission of  a
serious offense according to AFR 39-10,  Section H,  paragraph  5-49c.
The reason for this action was that applicant was arrested for driving
under the influence of alcohol and  caused  a  2-car  accident.   This
accident occurred because applicant drove in the wrong direction on  a
1-way street.  She and the driver  of  the  other  vehicle  were  both
injured and taken to the Camp Pendleton Hospital.  A urinalysis  taken
at the hospital revealed that applicant had a blood alcohol  level  of
0.105% 2 hours after the accident.

On 21 Oct 93, applicant signed a statement indicating  military  legal
counsel was made available to her.  She consulted  counsel.   She  did
not waive her right to a hearing before  an  administrative  discharge
board  or  her  right  to  military  counsel  and  indicated  she  was
submitting statements in her own behalf (not of record).

On 16 Dec 93, an administrative discharge  board  convened  under  the
provisions of AFR 39-10 at March AFB, California.  The discharge board
found the applicant did drive while under the  influence  of  alcohol,
causing a 2-car accident.  A punitive discharge  would  be  authorized
for the same or a closely related offense under the Manual for Courts-
Martial.  The discharge board recommended a general discharge and that
she not be offered probation and  rehabilitation  with  a  conditional
suspension of the discharge.

On 10 Feb 94, a  legal  review  indicated  there  were  no  errors  or
irregularities and recommended a general discharge  without  probation
and rehabilitation.

On 11 Feb 94, the applicant was discharged under the provisions of AFR
39-10 (Misconduct) in the grade of airman first class with  a  general
(under  honorable  conditions)  discharge  and  an  RE  code   of   2B
(Involuntary separated under AFR 39-10 with a general or  under  other
than honorable conditions (UOTHC) discharge).  She was credited with 7
years and 2 days of active service.

The Air  Force  Discharge  Review  Board  (AFDRB)  denied  applicant's
request on 8 May 98  (Exhibit C).   In  accordance  with  policy,  the
application was forwarded to this Board for further consideration.

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
(FBI), Clarksburg, West Virginia,  provided  an  investigative  report
indicating they were unable to identify with an arrest record  on  the
basis of information furnished (see Exhibit D).

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Special Activities, AFPC/DPPAES, reviewed this  application
and indicated that a review of the applicant’s case file was conducted
and the RE code of 2B is correct.  AFR 35-16, the regulation in effect
at the time, states that RE 2B is  the  code  given  for  “involuntary
separated under AFR 39-10 with a general or under other than honorable
conditions (UOTHC) discharge.”  The type of discharge  is  the  reason
for the assignment of the RE code.

A complete copy of the Air Force evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation and the decision of the AFDRB  were
forwarded to the applicant for review and response on 8 Jun 98.  As of
this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  Although  the  evidence
presented does not substantiate that  the  applicant’s  discharge  was
improper or contrary to the provisions  of  the  governing  regulation
under which it was effected, a majority of the Board is persuaded that
relief is warranted in this case on  the  basis  of  clemency.   After
careful  consideration  of  all  the  facts   and   circumstances   of
applicant’s case, a majority of the Board is persuaded that  applicant
has  overcome  the  behavioral  traits  which  led  to  the  contested
discharge.  We note that  applicant  is  concerned  with  her  current
discharge as it may affect her entrance into the United States  Marine
Corps.  While we in no way condone her drinking  and  driving  actions
while in the  Air  Force,  a  majority  of  the  Board  believes  that
applicant’s overall record of performance for a period of 7 years  was
satisfactory and, therefore,  her  discharge  should  be  upgraded  to
honorable.  We recognize the adverse impact of the discharge applicant
received; and, while it may have  been  appropriate  at  the  time,  a
majority of the Board believes it would be an injustice for  applicant
to continue to suffer its effects.  Therefore, a majority of the Board
recommends her discharge be upgraded  to  honorable.   Applicant’s  RE
code  of  “2B”  will  be  changed  to  “3K”  based  on  our   proposed
recommendation to upgrade her discharge to honorable.   The  applicant
should  be  aware,  however,  that  this  recommendation  in  no   way
establishes an entitlement to enlist; it only makes  her  eligible  to
apply.  Whether or not she is selected for enlistment will be based on
the needs of the service to which application is made.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 11 Feb 94, she was
honorably discharged and furnished an Honorable Discharge  certificate
and issued an RE code of 3K.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 March 1999, under the  provisions  of  AFI  36-
2603:




                  Mr. Douglas J. Heady, Panel Chair
                  Mr. Joseph A. Roj, Member
              Ms. Peggy E. Gordon, Member
              Mrs. Joyce Earley, Examiner (without vote)

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Heady voted to deny applicant’s  requests  but  does
not desire to submit a minority  report.   The  following  documentary
evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Nov 97, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Brief, dated 8 May 98.
     Exhibit D.  FBI Report, dated 14 Aug 98.
     Exhibit E.  Letter, AFPC/DPPAES, dated 5 Jun 98.
     Exhibit F.  Letter, AFBCMR, dated 8 Jun 98.




                                   DOUGLAS J. HEADY
                                   Panel Chair


INDEX CODE:  100, 110

AFBCMR 98-01562




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the  recommendation  of  the  Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat  116),  it  is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to  , be corrected to show that  on  11 February  1994,
she was honorably discharged  and  furnished  an  Honorable  Discharge
certificate and issued a reenlistment eligibility (RE) code of 3K.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency