RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02664
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her bad conduct discharge (BCD) be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was raped in March 1991, while attending Technical School.  She did  not
report the rape because she thought it was her fault.   She  does  not  know
how the rape happened but believes she may have  been  drugged.   After  the
incident, she developed an excessive use of  drugs  and  alcohol.   However,
she continued to do a good job and was  once  awarded  Base  Airman  of  the
Quarter.  A year before she was scheduled to  separate  from  the  military,
she requested help from a psychologist after an attempt to  commit  suicide.
She never told the psychologist about the rape.

Because of counseling and drug rehabilitation, she has been sober  and  drug
free for 12 months.  She has learned that the rape was not  her  fault.   If
she had received proper counseling while  in  military  service,  she  could
have continued her career.   She  has  requested  local  VA  counseling  for
Military Sexual Trauma (MST) and Post-Traumatic Stress Disorder (PTSD).

In support of her application, the applicant  submits  her  DD  214  and  an
Application for the Review of Discharge or Dismissal from the  Armed  Forces
of the United States (DD Form 293).  The  applicant’s  complete  submission,
with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 9 Nov 90.

A resume of her Enlisted Performance Reports (EPRs) follows:

      Closeout Date               Overall Rating

      8 Jul 93   2
      4 Mar 93   2
      4 Mar 94   4

On 16 Feb 95, the applicant was tried by a general court-martial  and  found
guilty under Article 112a of the Uniform Code  of  Military  Justice  (UCMJ)
for wrongful use of methamphetamine on divers occasions between on or  about
1 Mar 94 and on or about 31 Jul 94.

The applicant was  sentenced  to  a  BCD,  two  months  hard  labor  without
confinement, forfeiture of $500 pay per month for two months  and  reduction
to airman basic.

The sentence was affirmed in Special Order No. 19 on  16  Feb  95,  and  the
applicant was discharged on 29 Sep 95.  She had served  4 years,  11  months
and 21 days on active duty.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFOLA/JAJM recommends denial.  JAJM states the applicant tested  positive
for methamphetimamine during a random urine test.   Although  she  initially
denied  use  of  methamphetamine  in   a   signed,   sworn   statement,   an
investigation revealed she had previously admitted such  use  to  coworkers,
who  had  also  noted  behavior  consistent  with  use  of  methamphetamine,
commonly  known  as  "speed"  or  "crank."   She  incidentally  admitted  to
sometimes drinking one-and-a-half to two bottles of cough syrup at  a  time,
and ingesting large quantities  of  an  over-the-counter  asthma  medication
known as  "mini-thins"  with  ephedrine,  to  get  "wired."   The  applicant
received Article 15 punishment for larceny and had  been  diagnosed  with  a
personality disorder and an adjustment disorder with depressed mood.

The applicant provides no justification for her request and clemency is  not
warranted in this case.  JAJM opines while the applicant's drug and  alcohol
abuse may have begun while she was in the Air Force,  these  were  behaviors
in which she voluntarily engaged.  The Air  Force  clearly  prohibited  such
behavior and provided counseling and other services to help her resist  such
self-destructive behavior.  Although she presents herself  as  a  victim  of
circumstances, implicitly placing blame on  the  Air  Force,  she  does  not
dispute her guilt.

JAJM concludes the applicant's sentence was well  within  legal  limits  and
was an appropriate punishment for the offense committed.

The complete JAJM 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 16  Nov
07 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 an 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 its 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 this application in  Executive
Session on 7 May 2008, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Lea Gallogly, Member
      Ms. Glenda H. Scheiner, Member



The following documentary evidence was considered in AFBCMR BC-2007-02664:

    Exhibit A.  DD Form 149, dated 14 Sep 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 22 Oct 07.
    Exhibit D.  Letter, HQ SAF/MRBR, dated 16 Nov 07.





                                  THOMAS S. MARKIEWICZ
                                  Chair