RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01276
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She was a young lady who made some mistakes while serving in the
Air Force and would like to have her DD Form 214, Certificate of
Discharge or Release from Active Duty, changed to reflect her
current character.
In support of her request, applicant provides a copy of her
marriage license.
Her complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 13 Jul 88.
Her commander recommended her for discharge for minor disciplinary
infractions IAW AFR 39-10, paragraph 5-46. The specific reasons
for her discharge were:
a. She violated a lawful general regulation by wrongfully
drinking alcohol under age. As a result, she was incapacitated for
the proper performance of her duties.
b. She was derelict in her duty, in that she reported to work
late. She received a Letter of Reprimand (LOR) on 16 Mar 90 for
her actions.
c. She reported late for an out brief.
d. She consumed alcoholic beverages, even though she was under
age and she had been briefed that Wyoming state law and F.E. Warren
Air Force Base regulations prohibit drinking under 21 years of age.
She received another LOR for her actions.
e. She failed to attend a scheduled appointment.
The staff judge advocate found the case legally sufficient and the
discharge authority directed she be discharged with a general
discharge effective 20 Apr 90. She served 1 year, 9 months, and
8 days on active duty
A request for information pertaining to her post-service activities
was forwarded to the applicant on 18 Jun 10 for response within
30 days (see Exhibit C). As of this date, the applicant has not
responded.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, indicated on the basis of
the data furnished they were unable to identify an arrest record.
___________________________________________________________________
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 find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the characterization of her service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. Therefore, in the
absence of evidence to the contrary, we find no basis upon which
to recommend granting the relief sought.
_________________________________________________________________
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 this application in
Executive Session on 29 Jul 10, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Mar 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 18 Jun 10.
Panel Chair
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