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AF | BCMR | CY2003 | BC-2003-01437
Original file (BC-2003-01437.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01437
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXX                     COUNSEL:  NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general discharge be upgraded to honorable and her narrative reason  for
discharge be changed  to  something  more  favorable  to  allow  for  better
employment opportunities.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She served her country for almost twelve years  with  only  one  infraction.
She regrets her mistake and has been drug-free since November 1987.  She  is
a single mother and would like to be able to qualify  for  a  better  paying
job without being questioned about her character.

In support  of  her  application,  she  provides  a  personal  statement,  a
character reference, a copy of her resume, a copy of her college  transcript
and certificates of  training  accomplishments.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 10 August 1976, the applicant enlisted in the Regular Air  Force  at  the
age of 18 in the grade of airman basic (E-1) for a  period  of  four  years.
She  was  trained  as  an  administration  technician.   The  applicant  was
progressively promoted to the grade of technical  sergeant  (E-6)  effective
and with a date of rank of 1 July 1987.  She received  thirteen  performance
reports from the period 14 January 1977 through 3 June  1988,  with  overall
ratings of six, seven, eight, consecutively for her first three  performance
reports and an overall rating of nine on all succeeding reports.

On 18 November 1987 the applicant confessed to cocaine and  marijuana  usage
from 21 October 1984 to 17 November 1987.  The applicant agreed to  and  was
allowed to work undercover for the Office of  Special  Investigations  (OSI)
to assist with drug investigations from November 1987 to June 1988.

On 27 June 1988, the applicant received a Letter of Reprimand  for  wrongful
use of a controlled substance, cocaine.  On  18  July  1988,  her  commander
recommended the applicant be discharged with an Under Other  Than  Honorable
Conditions  (UOTHC)  Discharge  under  AFR  39-10,  paragraph   5-49c,   for
misconduct-drug abuse.  The applicant acknowledged receipt,  did  not  waive
her right to an administrative discharge  board  or  military  counsel,  and
submitted  a  statement  in  her  own  behalf   requesting   probation   and
rehabilitation.  Then on 19 August 1988, after consulting with counsel,  the
applicant offered a conditional waiver of  the  rights  associated  with  an
administrative discharge board hearing, contingent on  receipt  of  no  less
than a general  discharge.   The  applicant’s  squadron  commander  strongly
recommended  approval  of  the  conditional  waiver  without  probation  and
rehabilitation.   On  26  August  1988,  the  wing  staff   judge   advocate
recommended  acceptance  of  the  applicant’s  conditional  waiver.   On   6
September 1988, her wing commander signed a recommendation to the  discharge
authority to accept the applicant’s conditional waiver  and  approval  of  a
general discharge.  On 20 September 1988, the acting  staff  judge  advocate
on the discharge authority’s staff found the  file  legally  sufficient  and
concurred with the wing commander’s recommendation.  On 21  September  1988,
the discharge authority accepted  the  applicant’s  conditional  waiver  and
approved the applicant’s general discharge under  AFR  39-10,  paragraph  5-
49c, without probation or  rehabilitation.   The  applicant  was  discharged
effective 30 September 1988 with  a  general  (under  honorable  conditions)
characterization of service.  She served 11 years, 8 months and 17  days  on
active duty.

On 5 July 1990, the Air Force Discharge Review Board (AFDRB) considered  and
disapproved the applicant’s request to upgrade her discharge to honorable.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  applicant’s  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation in affect at that time.   Additionally,  the  discharge
was within the discretion of the discharge  authority.   The  applicant  did
not provide any facts warranting a change in  her  discharge,  nor  did  she
submit any new evidence or identify any errors or injustices  that  occurred
in her discharge processing.  The DPPRS evaluation is at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  4
June 2003 for review and response (Exhibit D).   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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.  The  applicant  did  not  provide
persuasive evidence showing  the  information  in  the  discharge  case  was
erroneous, her substantial rights were  violated,  or  that  her  commanders
abused their  discretionary  authority.   The  reason  for  the  applicant’s
separation and the characterization of her service  accurately  reflect  the
circumstances of her separation and we do not find them to be  in  error  or
unjust.  While we note the applicant’s contrition  for  her  misconduct  and
the fact that since her separation, it appears she  has  made  a  successful
post-service adjustment, because of the  seriousness  of  the  offenses  for
which the applicant was discharged, i.e., drug use over an  extended  period
of time, and the  well-publicized  consequences  of  drug  use  by  military
members, we  do  not  believe  upgrading  the  applicant’s  under  honorable
conditions discharge to fully honorable  or  changing  the  reason  for  her
separation would be appropriate at this time.  Accordingly, the  applicant’s
request is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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 13 August 2003, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Ms. Marcia Jane Bachman, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC-2003-01437:

    Exhibit A.  DD Form 149, dated 11 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 29 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 03.



                                  BRENDA L. ROMINE
                                   Panel Chair

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