RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-04042

			COUNSEL:  None

			HEARING DESIRED:  No
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APPLICANT REQUESTS THAT:

The offense “Possession of Alcohol in the dorm - student conduct violation” listed in item 26A, “Have You Ever Been Convicted of a DUI or Alcohol Related Offense” on AF Form 24, Application for Appointment as Reserve of the Air Force or USAF Without Component, be removed from her record.

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APPLICANT CONTENDS THAT:

The information listed on the AF Form 24, in item 26A, is not relevant to her career and not required in this document.

In support of her application, she submits a copy of AF Form 24, Application for Appointment as Reserve of the Air Force or USAF Without Component, dated 7 May 00.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of second lieutenant.

In accordance with AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories - Reserve of the Air Force and United States Air Force, chapter 3, para 3.1.2.1, applicants are required to complete an AF Form 24 (Application for Appointment as Reserves of the Air Force or USAF Without Component).  The form is used to ensure applicant meets qualifications established for appointment, as is stated on the form itself.  In the event applicant does not provide information, she would not be considered for commissioning.  

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AIR FORCE EVALUATION:

AFOATS/JA reviewed the application and stated the applicant has submitted insufficient evidence to substantiate her request.  The applicant completed the form correctly as part of her application package to the Air Force.  The application is an ordinary part of every employer’s records, and employees, be they civilian or military, do not generally have the option to edit their own records as they see fit.  However, no change should be made to applicant’s records.  In signing the form, the applicant understands that any false or incomplete information knowingly provided on or with the application may be grounds for not employing or accessing with the Air Force, or grounds for dismissing or releasing from active duty if already employed or serving.  

The applicant states the information is irrelevant to her career, but could be harmful to her career.  They cannot concur with this self-contradictory statement.  The AF Form 24 is not something provided to promotion boards, nor is it considered in making assignments decisions.  In review of the information provided to AFOATS/JA, they do not believe this information has had or could have any detrimental effect on the applicant’s career in any unjustified way.  The incident was waived by the AFROTC Detachment Commander in order for the applicant to continue the program and eventually become commissioned in 2000.  She has been on active duty for about 2 ½ years.  In such time, she has been promotion to first lieutenant.  

All officers’ application records are maintained by the Air Force as a part of the officer’s permanent record.  These documents reflect the information provided to the Air Force when it made its decision to allow the individual to join the service.  If she wasn’t lying on the form, then its contents are correct.  If we change the contents, then they will not have an accurate picture of her application.  Furthermore, if some future misconduct arises, or question regarding whether she was fraudulently commissioned, this information could conceivably be needed. 

An AFOATS/JA complete evaluation is attached at Exhibits C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated that this information does not in any way reflect her ability to perform in any capacity as an officer in the United States Air Force.  The incident occurred when she was 18 years old, four years before she was commissioned as a 2d lieutenant.  Additionally; she objects to SSgt ---'s statements in section 4, para d that states the possibility exists that she was fraudulently commissioned and that this information may someday be needed to use against her.  SSgt --- correctly states the fact that since the time the AF Form 24 was signed, she has performed her duties as an officer in the Air Force and has been promoted to 1Lt.  SSgt --- also states that if the contents of the AF Form 24 are changed, then there will not exist an accurate picture of her application.  Again, this information does not accurately reflect her career as an officer in the Air Force and in no way should this information appear someday to a major’s board.  The only person to whom this information should appear is a security investigator or her commander.

Please carefully consider her request to remove this information from her records.  By no means does it reflect on any part of her career as an officer and by no means should it be allowed to negatively affect her career in the future.  The applicant submits a letter of support from her commander.

Applicant’s complete submission, with attachment, is at Exhibit E.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief.  After reviewing the evidence of record, which includes a statement from her commander, the Board believes that the entry in question was not relevant to the question or required to be recorded by the applicant.  In this regard, the violation was a student conduct violation not a court conviction.  It appears that the applicant was only being honest and misunderstood the question.  In view of the above, we believe that the applicant’s request should be approved.  Therefore, we recommend her records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that AF Form 24, Application for appointment As Reserve of the Air Force or USAF Without Component, dated 7 May 2000, be, and hereby is, amended in Item 26a by removing the statement "Possession of Alcohol in Dorm Room--Student Conduct Violation."

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The following members of the Board considered Docket Number 02-04042 in Executive Session on 23 April 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 4 Dec 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFOATS/JA, dated 18 Feb 03.
	Exhibit D.	Letter, SAF/MRBR, dated 21 Feb 03.
	Exhibit E.	Applicant’s Response, undated, w/atch.

		

AFBCMR 02-04042

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

     The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that AF Form 24, Application for appointment As Reserve of the Air Force or USAF Without Component, dated 7 May 2000, be, and hereby is, amended in Item 26a by removing the statement "Possession of Alcohol in Dorm Room--Student Conduct Violation."