RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02986
		INDEX NUMBER:  112.00
	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The period of lost time, 14 Sep 01 through 2 Nov 01 reflected on her DD Form 214 be removed.

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APPLICANT CONTENDS THAT:

When she originally separated from service, she was not charged lost time.  Her commander at the time she separated from service indicated on an AF Form 2098 that the period from 14 Sep 01 through 2 Nov 01 was not determined as lost time.

In support of her appeal, the applicant provides a copy of her DD Form 214, a copy of the AF Form 2098, a copy of a bank statement, and a copy of the DD Form 215 that changed her DD Form 214 to reflect the lost time.

The applicant’s complete evaluation is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 22 Oct 97.  On 14 Sep 01, while in the grade of senior airman, the applicant was tried by special court martial and found guilty of two specifications of drug abuse in violation of Article 112a of the UCMJ.  The applicant was reduced to the grade of airman basic (E-1) and sentenced to two months confinement.  On 20 Sep 01, her squadron commander notified her that he was recommending her discharge from the Air Force for drug abuse with a general characterization of discharge.  The applicant submitted a statement in her behalf requesting that she not be discharged but allowed to separate honorably.  On 1 Oct 01, the applicant’s squadron commander recommended to the wing commander that the applicant be discharged from service for drug abuse with a general discharge.  The wing commander approved the recommendation and directed that the applicant be discharged from the Air Force with a general discharge without probation and rehabilitation upon her release from confinement.

The applicant was separated on 5 Nov 01.  The DD Form 214 issued to the applicant did not reflect that she had any lost time and therefore stated her active service as       4 years, 14 days.  On 26 Dec 01, the applicant was issued a DD Form 215 to correct the DD Form 214.  The DD Form 215 stated the applicant’s active service as 3 years, 11 months, and 27 days and added to the remarks that the applicant did not complete her first full term of service.

On 9 Dec 02, in response to the applicant’s AFBCMR appeal, AFPC/DPPRSP sent her a memorandum with a new DD Form 214 explaining the changes that were made and the reasons why.  She was advised that both her original DD Form 214 and the DD Form 215 issued to correct it were incorrect.

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AIR FORCE EVALUATION:

AFPC/DPW provides information regarding when an Air Force member is charged lost time.  They determined that the applicant received a total of 50 days lost time during the period she spent in military confinement.  They requested that AFPC/DPP review and verify the applicant’s service dates on the DD Form 214.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Dec 02 for review and comment within 30 days.  To date, a response has not been received.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

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 opinion and recommendation of the Air Force office 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 compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number 02-02986 in Executive Session on 6 March 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAE, dated 3 Jan 03
                w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 20 Dec 02.