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AF | BCMR | CY2003 | BC-2002-04042
Original file (BC-2002-04042.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-04042

                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

The offense “Possession of Alcohol  in  the  dorm  -  student  conduct
violation” listed in item 26A, “Have You Ever Been Convicted of a  DUI
or Alcohol Related Offense” on AF Form 24, Application for Appointment
as Reserve of the Air Force or USAF Without Component, be removed from
her record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The information listed on the AF Form 24, in item 26A, is not relevant
to her career and not required in this document.

In support of her application, she submits  a  copy  of  AF  Form  24,
Application for Appointment as  Reserve  of  the  Air  Force  or  USAF
Without Component, dated 7 May 00.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of second lieutenant.

In accordance with AFI 36-2005, Appointment in Commissioned Grades and
Designation and Assignment in Professional Categories - Reserve of the
Air Force and United  States  Air  Force,  chapter  3,  para  3.1.2.1,
applicants are required to complete an AF  Form  24  (Application  for
Appointment as Reserves of the Air Force or USAF  Without  Component).
The form is used to ensure applicant meets qualifications  established
for appointment, as is stated  on  the  form  itself.   In  the  event
applicant does not provide information, she would  not  be  considered
for commissioning.

_________________________________________________________________




AIR FORCE EVALUATION:

AFOATS/JA reviewed  the  application  and  stated  the  applicant  has
submitted insufficient evidence  to  substantiate  her  request.   The
applicant completed the form correctly  as  part  of  her  application
package to the Air Force.  The application  is  an  ordinary  part  of
every employer’s records, and employees, be they civilian or military,
do not generally have the option to edit their own records as they see
fit.  However, no change should be made to  applicant’s  records.   In
signing  the  form,  the  applicant  understands  that  any  false  or
incomplete information knowingly provided on or with  the  application
may be grounds for not employing or accessing with the Air  Force,  or
grounds for dismissing  or  releasing  from  active  duty  if  already
employed or serving.

The applicant states the information is irrelevant to her career,  but
could be harmful to her career.  They cannot concur  with  this  self-
contradictory statement.  The AF Form 24 is not something provided  to
promotion  boards,  nor  is  it  considered  in   making   assignments
decisions.  In review of the information provided to  AFOATS/JA,  they
do not believe this information has had or could have any  detrimental
effect on the applicant’s career in any unjustified way.  The incident
was waived by  the  AFROTC  Detachment  Commander  in  order  for  the
applicant to continue the program and eventually  become  commissioned
in 2000.  She has been on active duty for about 2 ½  years.   In  such
time, she has been promotion to first lieutenant.

All officers’ application records are maintained by the Air Force as a
part of the officer’s permanent record.  These documents  reflect  the
information provided to the Air Force when it  made  its  decision  to
allow the individual to join the service.  If she wasn’t lying on  the
form, then its contents are correct.  If we change the contents,  then
they  will  not  have  an  accurate  picture   of   her   application.
Furthermore, if some future misconduct arises, or  question  regarding
whether she was  fraudulently  commissioned,  this  information  could
conceivably be needed.

An AFOATS/JA complete evaluation is attached at Exhibits C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated  that  this
information does not in any way reflect her ability to perform in  any
capacity as an officer in the United States Air Force.   The  incident
occurred when she  was  18  years  old,  four  years  before  she  was
commissioned as a 2d lieutenant.  Additionally; she objects to SSgt ---
's statements in section 4, para d that states the possibility  exists
that she was fraudulently commissioned and that this  information  may
someday be needed to use against her.  SSgt --- correctly  states  the
fact that since the time the AF Form 24 was signed, she has  performed
her duties as an officer in the Air Force and  has  been  promoted  to
1Lt.  SSgt --- also states that if the contents of the AF Form 24  are
changed, then  there  will  not  exist  an  accurate  picture  of  her
application.  Again, this information does not accurately reflect  her
career as an officer in the Air  Force  and  in  no  way  should  this
information appear someday to a major’s board.   The  only  person  to
whom this information should appear is a security investigator or  her
commander.

Please carefully consider her request to remove this information  from
her records.  By no means does it reflect on any part of her career as
an officer and by no means should it be allowed to  negatively  affect
her career in the future.  The applicant submits a letter  of  support
from her commander.

Applicant’s complete submission, with attachment, is at Exhibit E.

_________________________________________________________________

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 an  error  or  injustice  warranting  relief.   After
reviewing the evidence of record, which includes a statement from  her
commander, the Board believes that  the  entry  in  question  was  not
relevant to the question or required to be recorded by the  applicant.
In this regard, the violation was a student conduct  violation  not  a
court conviction.  It appears that the applicant was only being honest
and misunderstood the question.  In view of the above, we believe that
the applicant’s request should be approved.  Therefore,  we  recommend
her records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT,  be  corrected  to  show  that  AF  Form  24,
Application for appointment As  Reserve  of  the  Air  Force  or  USAF
Without Component, dated 7 May 2000, be, and  hereby  is,  amended  in
Item 26a by removing the statement "Possession of Alcohol in Dorm Room-
-Student Conduct Violation."

_________________________________________________________________

The following members of the Board considered Docket  Number  02-04042
in Executive Session on 23 April 2003, under the provisions of AFI 36-
2603:

            Mr. Charles E. Bennett, Panel Chair
            Mr. William H. Anderson, Member
            Mr. James W. Russell, III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Dec 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFOATS/JA, dated 18 Feb 03.
      Exhibit D. Letter, SAF/MRBR, dated 21 Feb 03.
      Exhibit E. Applicant’s Response, undated, w/atch.




            CHARLES E. BENNETT
                                        Panel Chair
AFBCMR 02-04042




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  APPLICANT,  be  corrected  to  show  that  AF  Form  24,
Application for appointment As  Reserve  of  the  Air  Force  or  USAF
Without Component, dated 7 May 2000, be, and  hereby  is,  amended  in
Item 26a by removing the statement "Possession of Alcohol in Dorm Room-
-Student Conduct Violation."






      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency


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