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 applicants
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 applicants 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
applicants reason for separation was consistent with the
procedural and substantive requirements of the discharge
instruction and was within the discharge authoritys 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
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