RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01899
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She consumed a large amount of alcohol and was charged for being
highly intoxicated and in an incoherent state; however, it was a
one time occurrence, which she believes the Air Force overreacted
to by discharging her. She is currently fully employed by a Rest
care facility that takes care of the elderly and disabled. She
quit drinking and would like her service to be characterized as
honorable. She loved her job in the Air Force and wishes she could
have retired. She does not argue the fact that she had an issue
with drinking while serving in the Air Force; however, at that time
she could have used someone to guide her who could have aided her
in completing her military obligation, but the Air Force was quick
to discharge her.
In support of her request, the applicant provides a copy of her DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States, a copy of a VA Form 21-4138, Statement
in Support of Claim, a copy of DD Form 1569, Incident/Complaint
Report, a copy of character letters, and a copy 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 into the Regular Air Force on 26 Dec 84 and
was progressively promoted to the grade of airman first class (E-
3), having assumed that grade effective and with a date of rank of
26 Apr 86.
The applicant was notified by her commander that he was
recommending her for discharge from the Air Force under the
provisions of AFM 39-10, chapter 5, section H, paragraph 5-46. The
specific reasons for this action were several minor disciplinary
infractions such as: writing checks with insufficient funds;
failing to maintain her weight loss under the weight management
program; for being drunk and disorderly in her dormitory; and for
failing to go to work on time. The applicant received five letters
of counseling, four letters of reprimand, a non-recommendation for
promotion, and an Article 15 for her actions. After a legal review
of the case file, the staff judge advocate found the case legally
sufficient. She received a general discharge after serving
2 years, 2 months, and 28 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 4 Aug 10, a copy of the FBI report was
forwarded to the applicant for review and comment (Exhibit D). At
that time, she was also invited to provide information pertaining
to her post-service activities. As of this date, no response has
been received by this office.
___________________________________________________________________
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. After careful
consideration of the available evidence, we found no indication
the actions taken to effect the applicants discharge were
improper or contrary to the provisions of the governing
regulations in effect at the time, or the actions taken against
her were based on factors other than her own misconduct. In
addition, in view of the contents of the FBI Identification
Record we are not persuaded that the characterization of the
applicants discharge warrants an upgrade to honorable on the
basis of clemency. 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 AFBCMR Docket
Number BC-2010-01899 in Executive Session on 15 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 4 Aug 10.
Panel Chair
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