RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02626
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her under other than honorable conditions (UOTHC) discharge be  upgraded  to
an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her drug use was a one-time occurrence for  the  sole  purpose  of  suicide.
She never had a drug problem and doesn’t today.  She  states  that  she  was
deeply depressed due to the death of her father.

In support of her appeal, the applicant provided a  personal  statement  and
other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 January 1994 in the  grade
of airman basic for a period of four (4) years.

Applicant was discharged on 14 June 1999, in the  grade  of  senior  airman,
under the provisions of AFI  36-3208  (triable  by  court-martial)  with  an
under  other  than  honorable  conditions  (UOTHC)  discharge.   She  served
5 years, 4 months, and 17 days total active duty.

On 25 January 2002, the Air Force Discharge Review Board (AFDRB)  considered
and denied the applicant’s request  for  an  upgrade  of  her  discharge  to
honorable.



The remaining relevant facts pertaining to this application, extracted  from
the applicant's military records, are contained in the letters  prepared  by
the appropriate office of the Air Force (Exhibits C & D).

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg,  West  Virginia,  indicated  that  on  the  basis  of  the  data
furnished, they were unable to locate an arrest record (Exhibit F).

_________________________________________________________________

AIR FORCE EVALUATION:

BCMR Medical Consultant  recommended  denial.   He  indicated  that  on  the
applicant’s  enlistment  medical  examination  she  reported  a  history  of
trouble sleeping, depression or frequent worry, and nervous trouble.   There
is no documentation that reflects further evaluation of this history at  the
time of her enlistment.  In  October  1994,  she  presented  to  the  clinic
complaining of a 5-year history of insomnia.  She  was  referred  to  mental
health who evaluated her on  October  20,  1994.   She  gave  a  history  of
insomnia since 1990  and  intermittent  mild  depression,  and  feelings  of
insecurity and low self-esteem.  She states that she had  suicidal  ideation
in high  school  secondary  to  family  problems  but  with  no  history  of
attempts.  She was diagnosed as “primary insomnia” and  “anxiety  symptoms.”
She was  offered,  but  declined  psychotherapy.   Both  encounters  do  not
document any history regarding habits including alcohol or caffeine.   There
are no other  medical  record  entries  until  her  September  1998  suicide
attempt for complaints of insomnia, depressed mood, or  anxiety.   On  April
16, 1995, she was evaluated for facial trauma in the  emergency  room  after
she was assaulted by her fiancé.  The  ER  record  indicates  she  had  been
drinking alcohol at noon that day.

The applicant’s  87-year  old  father  died  in  July  1996  while  she  was
stationed at Ramstein Air Base, Germany.  She contends her  supervisors  and
co-workers expressed no condolences on her return from emergency  leave  and
that made her feel resentful and depressed.  She states that caused  her  to
begin drinking more.  Her Enlisted Performance Report (EPR) for  the  period
September 28, 1995 through September 27, 1996,  documented  very  good  duty
performance (4,4).

On June 13, 1997, the applicant injured her left  knee  playing  basketball.
She was evaluated in the emergency room and referred to  orthopedic  surgery
and seen June 16, 1997, at  Landstuhl  Army  hospital  (some  distance  from
Ramstein).  She was diagnosed  with  a  dislocated  kneecap  and  placed  on
physical profile restricting her duty.  Her  initial  examinations  did  not
disclose the abnormal movement to suggest  a  torn  ligament,  her  ultimate
diagnosis.  In  July,  her  knee  gave  way  and  she  fell  re-injuring  it
resulting in swelling that interfered with  an  accurate  examination.   She
was placed into a brace and referred back to orthopedics.  In  October  1997
her  orthopedic  surgeon  diagnosed  a  torn  ligament  (anterior   cruciate
ligament) and confirmed his diagnosis with an  MRI.   He  treated  her  with
bracing and physical therapy.  Some individuals can function well  following
physical rehabilitation despite  a  torn  ligament.   A  January  28,  1998,
physical therapy note documented intermittent giving way  of  the  knee  but
the applicant had good strength (mild weakness only), full range  of  motion
without pain and the ability to perform a partial squat without  difficulty.
 Her orthopedic surgeon, when her knee suddenly locked,  saw  her  on  April
16, 1998.  In his clinical note he wrote that she had been doing  well  with
conservative therapy except for occasional giving way.  In view of  the  new
locking of her knee, he recommended surgical repair, which was performed  in
June  1998,  one  year  following  her  original  injury.   Records  reflect
satisfactory postoperative result.

The applicant’s EPR for the period September 28, 1996 through September  27,
1997 documented very good duty performance (4,4).  Her EPR  for  the  period
September  28,  1997  through  September  27,  1998  documented  fair   duty
performance (3,3).  Narrative comments included:  “Conduct  on/off  duty  is
overall acceptable;  displayed  improvements  in  this  area;  consider  for
promotion.” “Performed well under strict guidance and close supervision.”

In the discharge package in the applicant’s personnel  file,  the  applicant
relates the events leading up  to  her  suicide  attempt  and  discovery  of
hallucinogenic mushrooms in her possession.   In  August  1998,  she  toured
Europe with her brother.  While  in  Holland  they  happened  into  a  store
selling  drugs  such  as  marijuana  and  mushrooms.   Her  brother   bought
marijuana (“to see what the fuss was about  painting  while  you’re  high”).
The proprietor offered her mushrooms stating “They  will  make  you  happy.”
She bought them justifying her action as:  “I couldn’t believe it, I was  so
desperate to be happy again that I jumped at the chance.”   After  returning
to Ramstein, she consumed alcohol, the mushrooms and  other  medications  in
her medicine cabinet on the night of September 6, 1998.  She  had  called  a
friend in California and asked her “to please help  because  I  was  dying.”
The friend apparently called the police who contacted  Ramstein  authorities
who took her to the emergency room the morning of September 7.  The  service
medical record shows that in the emergency room she was alert, oriented  and
in no distress.  Her urine drug screen was negative (not clear if the  urine
drug testing used would detect psilocibin).  Her  blood  alcohol  level  was
relatively low (less than 0.1), and her Tylenol  level  also  low  (26.58  -
therapeutic range).  She was evaluated by psychiatry in the  emergency  room
and the  history  obtained  by  the  psychiatrist  indicated  that  she  was
intoxicated the  prior  evening  and  experienced  suicidal  ideation.   She
reported a two and a half-year history of  feeling  depressed  most  of  the
time.  She  was  released  in  the  care  of  her  supervisor  but  required
hospitalization from September 9  to  15,  1998.   Her  discharge  diagnoses
included:  Alcohol abuse, status post overdose, substance use and  substance
induced organic mental disorder.  Following discharge she  resumed  drinking
despite treatment with Antabuse.  She was sent  for  alcohol  rehabilitation
at the Partial Hospitalization Program at Lakenheath, United  Kingdom,  from
October 19 to November 6, 1998.  The applicant  revealed  a  history  of  12
blackouts in the prior one and a half years related to  her  alcohol  abuse.
She had also been disciplined with Letters of Counseling and  Reprimand  for
being late to work.  She successfully completed the  alcohol  rehabilitation
program.

The applicant was an alcoholic  with  alcohol  related  depressed  mood  who
developed suicidal ideation and acted on  that  impulse  while  intoxicated.
In the course of events surrounding that suicide  attempt,  law  enforcement
personnel were involved and it was discovered that the  applicant  possessed
and used hallucinogenic mushrooms.  She accepted discharge in lieu of  court
martial with a UOTHC.

The applicant states that it was her depression resulting from the death  of
her 87 year-old father, in July 1996, and from mistreatment at work  by  her
supervisors that caused her to abuse alcohol and  hallucinogenic  mushrooms.
She contends that her use of hallucinogenic mushrooms  was  a  one-time  use
for the purpose of committing suicide.  Evidence of the  record  shows  that
the applicant suffered from depressed mood and insomnia  for  several  years
prior to entering service.  Her father had been  an  abuser  of  alcohol  as
well and a genetic predisposition to alcohol abuse is known  to  exist.   It
is common for alcoholics to have  a  concomitant  mood  disorder  (depressed
mood) that  becomes  inextricably  intertwined  with  the  substance  abuse.
Alcohol abuse alone can cause depressed mood.  It  is  not  clear  from  the
medical records when she began abusing alcohol.   An  April  1995  emergency
room entry reported use of alcohol on the day of  the  incident  leading  to
her emergency care.  However, there is no evidence that at the time  of  the
offense, the applicant had a mental disease or defect  that  caused  her  to
lack  the  capacity  to  know  right   from   wrong   when   she   purchased
hallucinogenic mushrooms for the purpose of her own use.  It is  noted  that
the  applicant  cooperated  fully   with   investigation   authorities   and
successfully completed alcohol and substance abuse rehabilitation  after  an
initial false start.  Her post  service  employment  is  reflective  of  her
recovery.

She contends her knee condition was  ignored  by  medical  personnel  for  a
year, and that she used alcohol to treat her knee pain because the  Percocet
(narcotic analgesic) prescribed did nothing for her  pain.   Review  of  the
service medical record confirms her knee was injured in June 1997.  She  was
evaluated in the emergency room, was  referred  to  orthopedic  surgery  and
evaluated by an orthopedic surgeon in a  timely  manner  three  days  later.
Her initial diagnosis did not coincide with  her  ultimate  true  diagnosis,
however the true nature of her knee injury was diagnosed not  a  year  later
as she states in her  correspondence,  but  in  October  1997,  four  months
later.  Although her diagnosis was  delayed  by  four  months  she  received
proper care.  The orthopedic surgeon (the  Colonel  she  refers  to  in  her
correspondence) performed the MRI in  October  1997  and  treated  her  with
bracing and physical therapy.  A  physical  therapy  note  in  January  1998
documented intermittent giving way but  the  knee  had  a  normal  range  of
motion and she was able to perform  partial  squats.   She  re-presented  to
orthopedic surgery in April 1998 and had reportedly been  doing  well  until
the knee suddenly locked the day of the appointment.  An  MRI  was  repeated
showing her injury to be unchanged, however surgical repair was  recommended
which was performed in June 1998, a  year  following  the  original  injury.
Action and disposition in this case  are  proper  and  equitable  reflecting
compliance with Air Force directives that implement the law.

The evaluation is at Exhibit C.

AFPC/DPPRS  recommended  denial.   They  indicated  that   the   facts   and
circumstances of her discharge are not  in  her  records.   Information  for
this advisory is taken from her medical records and  the  summary  from  the
Air Force Discharge Review Board in  January  2002.   Court-martial  charges
were preferred against applicant on  9  April  1999,  for  wrongful  use  of
hallucinogenic mushrooms and  wrongful  possession  of  mushrooms  (schedule
1 controlled substance) between 3 August 1998 and 8 September  1998.   Other
misconduct included four Letters of Reprimand, dated  4  December  1998,  18
March 1998,  29  October  1997  and  9  July  1997;  and  three  Records  of
Individual Counseling, dated 21  September  1998,  7  January  1997  and  23
August 1996.  An Unfavorable Information File was created on the  member  in
December 1998.  On 19 April 1999, applicant requested discharge in  lieu  of
court-martial.

Based on the documentation in the  file,  they  believe  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation.   Additionally,  the  separation   was   within   the
discretion of the Discharge  Authority.   The  Air  Force  Discharge  Review
Board denied her request for upgrade on 25 January 2002.  The  BCMR  Medical
Consultant furnished a review of her medical problems at  the  time  of  her
discharge and is of the opinion that no change in her records is warranted.

The applicant did not submit any new evidence  or  identify  any  errors  or
injustices that occurred in the  discharge  processing.   Additionally,  she
provided no facts warranting a change in her discharge.

The evaluation is at Exhibit D.

_________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 November 2002,  copies  of  the  evaluations  were  forwarded  to  the
applicant for review and response within  thirty  (30)  days.   As  of  this
date, no response has been received by this office.

On 21 January 2003, the Board staff requested the  applicant  provide  post-
service documentation within fourteen (14)  days.   The  applicant  provided
additional documentation, which is at Exhibit H.

_________________________________________________________________

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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting the applicant’s  discharge  be
upgraded.  The Board finds that no evidence has been presented  which  would
lead us to believe the applicant’s discharge was  improper  or  contrary  to
the directive under which it was effected.  Nevertheless,  the  Board  finds
that, in view of the applicant’s apparent successful transition to  civilian
life, as evidenced by  the  post-service  documentation  she  has  provided,
upgrading her discharge to general (under honorable  conditions),  based  on
clemency, would  be  appropriate.   The  applicant’s  request  for  a  fully
honorable discharge was considered; however, we are not persuaded  that  the
applicant’s overall record while on active duty supports a further  upgrade.
 Accordingly, the Board recommends that the  applicant’s  under  other  than
honorable  conditions  (UOTHC)  discharge  be  upgraded  to  general  (under
honorable conditions).

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 14 June 1999, she was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________




The following members of the Board considered AFBCMR Docket Number  02-02626
in Executive Session on 14 January  2003  and  6 February  2003,  under  the
provisions of AFI 36-2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Mr. Jay H. Jordan, Member
                 Mr. George Franklin, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 August 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated
                   30 October 2002.
   Exhibit D.  Letter, AFPC/DPPRS, dated 21 November 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 27 November 2002.
   Exhibit F.  FBI Report.
   Exhibit G.  Letter, AFBCMR, dated 21 January, 2003, w/atch.
   Exhibit H.  Letter, Applicant, dated 3 February 2003, w/atchs.




                 CHARLES E. BENNETT
                 Panel Chair




AFBCMR 02-02626




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to    be corrected to show that on 14 June 1999, she was
discharged with service characterized as general (under honorable
conditions).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency