RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02637
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She honorably served her country for 8 years; however, in the last
7 months of service she was forced to have an abortion. She
thought time would heal her embarrassment and shame of what
happened to her while serving in the Air Force, but it has not.
Her chain of command was prejudiced. She attempted to get
assistance from her unit, but was forced to go through Senator Pete
Domenici of New Mexico only to be given an UOTHC discharge as
retaliation. She received two Article 15s for not carrying 200
pound boxes on her back or for not mixing dangerous chemicals in a
room with no ventilation. She did not know how to handle some
difficult issues and after returning from her deployment she tested
positive for tetrahydrocannabinol (THC). She would like her record
to reflect 8 years of honorable and dedicated service.
In support of his request, the applicant provides copies of her DD
Form 214, Certificate of Release or Discharge from Active Duty.
Her complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 27 Nov 91 and was
progressiviely promoted to the grade of senior airman.
The applicant was notified by her commander that he was
recommending her discharge from the Air Force under the provisions
of AFR 39-10, paragraph 5-51, for drug abuse. The specific reason
was for using marijuana. She acknowledged receipt of the discharge
notification. After a legal review, the staff judge advocate found
the case legally sufficient. The applicant received an UOTHC
discharge from the Air Force on 24 Jun 92. She was credited with 6
months and 22 days of prior active duty service.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, was unable to identify an
arrest record on the basis of information furnished.
___________________________________________________________________
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 probable error or injustice. After
careful consideration of the available evidence, we found no
indication the actions taken to effect her discharge were
improper or contrary to the provisions of the governing
regulations in effect at the time, or the actions taken against
the applicant were based on factors other than her own
misconduct. Having found no error or injustice with regard to
the actions that occurred while the applicant was a military
member, we conclude that no basis exists to grant favorable
action on her request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 for Docket Number
BC-2010-02637 in Executive Session on 21 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2010-
02637 was considered:
Exhibit A. DD Form 149, dated 16 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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