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 Board’s 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 applicant’s 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 applicant’s 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