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AF | BCMR | CY2003 | BC-2002-02986
Original file (BC-2002-02986.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02986
            INDEX NUMBER:  112.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

______________________________________________________________

APPLICANT REQUESTS THAT:

The period of lost time, 14 Sep 01 through 2 Nov 01 reflected on  her  DD
Form 214 be removed.

______________________________________________________________

APPLICANT CONTENDS THAT:

When she originally separated from service,  she  was  not  charged  lost
time.  Her commander at the time she separated from service indicated  on
an AF Form 2098 that the period from 14 Sep 01 through 2 Nov 01  was  not
determined as lost time.

In support of her appeal, the applicant provides a copy of  her  DD  Form
214, a copy of the AF Form 2098, a copy of a bank statement, and  a  copy
of the DD Form 215 that changed her DD Form 214 to reflect the lost time.

The applicant’s complete evaluation is at Exhibit A.

______________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 22 Oct  97.   On  14  Sep  01,
while in the grade of senior airman, the applicant was tried  by  special
court martial and found guilty of two specifications  of  drug  abuse  in
violation of Article 112a of the UCMJ.  The applicant was reduced to  the
grade of airman basic (E-1) and sentenced to two months confinement.   On
20 Sep 01, her squadron commander notified her that he  was  recommending
her  discharge  from  the  Air  Force  for  drug  abuse  with  a  general
characterization of discharge.  The applicant submitted  a  statement  in
her behalf requesting that she not be discharged but allowed to  separate
honorably.  On 1 Oct 01, the applicant’s squadron  commander  recommended
to the wing commander that the applicant be discharged from  service  for
drug abuse with a general discharge.  The  wing  commander  approved  the
recommendation and directed that the applicant be discharged from the Air
Force with a general discharge without probation and rehabilitation  upon
her release from confinement.

The applicant was separated on 5 Nov 01.  The DD Form 214 issued  to  the
applicant did not reflect that she had any lost time and therefore stated
her active service as        4  years,  14  days.   On  26  Dec  01,  the
applicant was issued a DD Form 215 to correct the DD Form  214.   The  DD
Form 215 stated the applicant’s active service as 3 years, 11 months, and
27 days and added to the remarks that the applicant did not complete  her
first full term of service.

On 9 Dec 02, in response to the applicant’s  AFBCMR  appeal,  AFPC/DPPRSP
sent her a memorandum with a new DD Form 214 explaining the changes  that
were made and the reasons why.  She was advised that both her original DD
Form 214 and the DD Form 215 issued to correct it were incorrect.

______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW provides information regarding  when  an  Air  Force  member  is
charged lost time.  They determined that the applicant received  a  total
of 50 days lost time during the period she spent in military confinement.
 They requested that AFPC/DPP review and verify the  applicant’s  service
dates on the DD Form 214.

The 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  20
Dec 02 for review and comment within 30 days.  To date,  a  response  has
not been received.

______________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

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  agree
with the opinion and recommendation of the Air Force  office  of  primary
responsibility and adopt their rationale as the basis for our  conclusion
that the applicant has not been the victim  of  an  error  or  injustice.
Therefore, in the absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  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 Docket Number  02-02986  in
Executive Session on 6 March 2003, under the provisions of AFI 36-2603:

      Mr. Joseph A. Roj, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAE, dated 3 Jan 03
                w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 20 Dec 02.




                                   JOSEPH A. ROJ
                                   Panel Chair

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