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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