RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01454
		INDEX CODE:  110.00, 112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her under honorable conditions (general) discharge be upgraded to honorable and her reenlistment eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

She was judged as a kid being away from home for the first time.  She deserves a second chance to serve her country.  She has been a great asset to the Department of Defense (DOD) now and would like to show it by serving on active duty.  She was just young and naive.

Applicant did not provide any documents in support of the appeal.

Applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 October 1995 for a period of four years.  She was progressively promoted to the grade of airman (date unknown) and the grade of airman first class on 4 February 1997.  She received three Enlisted Performance Reports (EPRs) closing 3 June 1997, 15 February 1998, and 15 March 1999, in which the overall evaluations were “3,” “3,” and “2.”

On 30 March 1999, applicant’s commander notified her that he was recommending discharge from the Air Force for minor disciplinary infractions.  Basis for the action:  (1) A Letter of Admonishment (LOA) received on 14 July 1996, for being involved in a series of confrontations at the Surf Mist Club.  (2) A Letter of Counseling (LOC) received on 21 October 1996, for failure to follow safety rules, unprofessional attitude and a verbal disagreement with another individual.  (3) Verbally counseled for inappropriately using her American Express charge card to obtain a rental car while on leave in Florida (22 November - 6 December 1996).  (4) An Article 15, dated 17 March 1999, for drinking alcohol while underage and being drunk and disorderly, on or about 17 February 1997.  (5) On 30 March 1998, issued a traffic ticket for parking in a prohibited area.  (6) a LOC received on 17 July 1998, for misuse of Government American Express Card.  (7) An Article 15, dated 9 March 1999, for failure to report to duty as scheduled on 11 February 1999.  Her commander recommended a general discharge.  On 6 April 1999, after consulting with legal advisor, she submitted a statement in her own behalf.  She acknowledged she understood she could receive a general discharge.  The base legal services reviewed the case and found it legally sufficient to support the discharge and recommended a general discharge without probation and rehabilitation (P&R).  The Discharge Authority approved the separation and directed a general discharge without P&R.

The applicant, while serving in the grade of airman first class, was separated from the Air Force on  28 April 1999 under the provisions of AFI 36-3208, Administrative Separation of Airmen (misconduct - minor disciplinary infractions), with an under honorable conditions (general) discharge.  She served three years, five months and six days on active duty.  Her RE code was 2B.

The Air Force Discharge Review Board (AFDRB) denied applicant’s request for an upgrade of his general discharge to honorable on 22 February 2000.  The AFDRB decision document is at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the Discharge Authority.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 May 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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 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 opinion and recommendation of the Air Force and adopt their rationale as the basis for the 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 this application in Executive Session on 29 July 2004, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 27 Apr 04.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 19 May 04.
	Exhibit D.	Letter, SAF/MRBR, dated 28 May 04.