RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-00703
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reentry (RE) code of 2B (Misconduct) be changed to a waiverable code.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It has been eight years since her discharge.  Her irresponsible actions  led
to her discharge.  She entered the Air Force right out  of  high  school  at
the age of 17.  She was stationed three hours from her home town  and  drove
there at every opportunity.   She  was  drinking  underage  and  was  Absent
Without Leave (AWOL) when she miscarried.  She brought marijuana on  to  the
base and regrets her actions every day.

The Air Force Discharge Review Board (AFDRB) reviewed  her  case.   Although
impressed with her maturity, they did not change her RE code.  She has  also
met  with  the  Disabled  American  Veterans   (DAV),   her   City   Council
Representative and recruiters from all military services.  She  is  terribly
sorry for the mistakes she made and would  like  to  enlist  and  serve  her
country.

She is 28 years old, has matured, is  more  responsible  and  goal-oriented.
She is enrolled  in  college  and  taking  classes  towards  her  Bachelor’s
Degree.  She is a volunteer for a number or organizations.

In support of her request, the applicant submits a personal statement.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 22 Sep 99, the applicant enlisted in the Regular Air Force.   On  27  Nov
01, the applicant was notified by her commander  that  he  was  recommending
her discharge from the Air Force  for  Minor  Disciplinary  Infractions  and
Drug Abuse, under AFPD 36-32, Military Retirements and Separations  and  AFI
36-3208,  Administrative  Separation  of  Airman,  with  a  general   (under
honorable conditions) discharge.

The commander’s reasons were as follows:

      1)  On 17 Oct 00, the applicant brought marijuana  on  the  base  with
the intention of distribution and smoked marijuana that same date.

      2)  On 4 May 01, she wrongfully possessed alcohol  as  a  minor.   For
this offense, she received an Article 15, received 30  days  restriction  to
base, was ordered to forfeit $250.00 in pay per month  for  two  months  and
reduced to the grade of airman (suspended).

      3)  Between on or about  4  Jun  01  and  6  Jun  01,  she  wrongfully
possessed alcohol as  a  minor  on  divers  occasions.   For  this  offense,
Article 15 punishment was vacated and  she  was  reduced  to  the  grade  of
airman.

      4)  From 8 Jul 01 until 16 Jul 01, she was AWOL.  As a  result,  on  6
Sep 01, she was convicted by court martial for  wrongful  use  of  marijuana
and wrongful  introduction  of  marijuana  onto  base  with  the  intent  to
distribute.  She was also convicted  of  unauthorized  absence.   For  these
offenses, she was ordered to forfeit $500.00 in pay for six months,  ordered
to confinement for three months, and reduced to the grade of airman basic.

A review of the discharge case file by the staff judge  advocate  was  found
legally sufficient.  A general (under honorable  conditions)  discharge  was
recommended without an offer of probation or rehabilitation.  On 21 Dec  01,
the discharge authority approved the recommended discharge.   The  applicant
was discharged on 8 Feb 02.  She served 2 years, 4 months  and  16  days  on
active duty.  She had 52 days of lost time.

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

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends denial.  DPSOS  states  the  narrative  reason,  to
include the characterization of service and separation code, was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
instruction and was  within  the  discretion  of  the  discharge  authority.
DPSOS notes the applicant did  not  submit  any  evidence  or  identify  any
errors or injustices that occurred  during  the  discharge  proceedings  and
provided no facts warranting a change to her reentry code.

The complete DPSOS evaluation is at Exhibit C.

HQ AFPC/DPSOA recommends  denial.   DPSOA  states  the  applicant  does  not
provide proof that an error or injustice occurred in  reference  to  her  RE
code.

The complete DPSOA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 5  Nov
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit D).

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  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  basis  to
recommend granting the relief sough in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_______________________________________________________________

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  BC-2010-00703  in
Executive Session on 8 Dec 10, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Feb 10.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOS, dated 2 Sep 10.
    Exhibit D.  Letter, HQ AFPC/DPSOA, dated 30 Sep 10.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Nov 10.




                                   Panel Chair