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: 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.