RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02637 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her under other than honorable conditions (UOTHC) discharge be upgraded to honorable. ___________________________________________________________________ APPLICANT CONTENDS THAT: She honorably served her country for 8 years; however, in the last 7 months of service she was forced to have an abortion. She thought time would heal her embarrassment and shame of what happened to her while serving in the Air Force, but it has not. Her chain of command was prejudiced. She attempted to get assistance from her unit, but was forced to go through Senator Pete Domenici of New Mexico only to be given an UOTHC discharge as retaliation. She received two Article 15s for not carrying 200 pound boxes on her back or for not mixing dangerous chemicals in a room with no ventilation. She did not know how to handle some difficult issues and after returning from her deployment she tested positive for tetrahydrocannabinol (THC). She would like her record to reflect 8 years of honorable and dedicated service. In support of his request, the applicant provides copies 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 in the Air Force on 27 Nov 91 and was progressiviely promoted to the grade of senior airman. The applicant was notified by her commander that he was recommending her discharge from the Air Force under the provisions of AFR 39-10, paragraph 5-51, for drug abuse. The specific reason was for using marijuana. She acknowledged receipt of the discharge notification. After a legal review, the staff judge advocate found the case legally sufficient. The applicant received an UOTHC discharge from the Air Force on 24 Jun 92. She was credited with 6 months and 22 days of prior active duty service. Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, was unable to identify an arrest record on the basis of information furnished. ___________________________________________________________________ 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 probable error or injustice. After careful consideration of the available evidence, we found no indication the actions taken to effect her discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than her own misconduct. 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 for Docket Number BC-2010-02637 in Executive Session on 21 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence for Docket Number BC-2010- 02637 was considered: Exhibit A. DD Form 149, dated 16 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records.