RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01764

		COUNSEL: NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

Her general (under honorable conditions) discharge be upgraded 
to honorable.  

________________________________________________________________

APPLICANT CONTENDS THAT:

She was informed that her discharge would automatically be 
upgraded to honorable after six months and she didn’t realize 
that there was a process to apply for upgrade.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate she enlisted 
in the Regular Air Force on 16 Dec 80.

On 28 Nov 83, the applicant’s commander notified her that he was 
recommending her discharge due to her failure to complete the 
drug rehabilitation program due to unwillingness to cooperate.  
The reason for the action included the following:

	a.  On 22 Jun 83, the applicant tested positive for 
marijuana during a random urinalysis screening and was 
recommended for the drug rehabilitation program.

	b.  On 7 Jul 83, the applicant’s commander issued her 
nonjudicial punishment (Article 15) under the Uniform Code of 
Military Justice (UCMJ) for wrongfully using marijuana.  Her 
punishment consisted of 30 days of correctional custody, 
forfeiture of $100.00 pay, and a reduction to the grade of 
airman (E-2), which was suspended for six months.

	c.  On 11 Oct 83, the applicant tested positive for 
marijuana for a second time during a urinalysis screening as 
part of the drug rehabilitation program.

On 20 Dec 83, the case was found to be legally sufficient.  

On 3 Jan 84, the discharge authority concurred with the 
commander’s recommendation and directed the applicant be 
furnished a general (under honorable conditions) discharge. 

On 5 Jan 84, the applicant was so discharged and was credited 
with 3 years and 20 days of total active service.

On 13 Jan 14, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit C).

________________________________________________________________

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 process.  Based on the available 
evidence of record, it appears the applicant’s under honorable 
conditions (general) discharge for Failure in Drug Abuse 
Rehabilitation was consistent with the substantive requirements 
of the discharge regulation and within the commander’s 
discretionary authority.  She has provided no evidence which 
would lead us to believe the characterization of her service was 
improper or contrary to the provisions of the governing 
directive.  In the interest of justice, we considered upgrading 
the applicant’s discharge based on clemency.  However, in the 
absence of any evidence pertaining to the applicant’s activities 
since leaving the service, we find no basis to recommend 
granting the requested relief on that basis.  Therefore, in the 
absence of evidence to the contrary, we conclude that no basis 
exists to upgrade the applicant’s general discharge.

________________________________________________________________

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-2013-01764 in Executive Session on 13 Feb 14, under 
the provisions of AFI 36-2603:

	                     , Panel Chair
	                     , Member
	                     , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Apr 13.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 13 Jan 14, w/atch.





Panel Chair
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