RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00479
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

She believes a change is warranted based upon her  not  knowing  what  other
legal options she had at the time.  She was young  and  did  not  understand
the allegations toward her association with other people    She  was  scared
and thought her only legal recourse was to go along with  the  procedure  so
she could go home.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 17 July 1980,  as
an airman basic (AB) for a period of four years.

On 4 January 1983, the applicant was notified of her commander’s  intent  to
recommend her for discharge for drug abuse.  The following reasons  for  the
discharge action were:

      a.  On 23 November 1981, the applicant did have in  her  possession  a
quantity of marijuana.  For this misconduct,  her  punishment  consisted  of
LOR and a UIF on 17 December 1981.

      b.  The Air Force Office of Special Investigation  (AFOSI)  identified
the applicant as having smoked marijuana on 30 July  1982  in  her  off-base
residence.  As a result of this misconduct, the applicant received a  Letter
of  Reprimand  (LOR)  and  an  Unfavorable  Information   File   (UIF)   was
established on 10 December 1982.

The commander advised the  applicant  of  her  right  to  an  administrative
discharge board; to consult legal counsel and that  military  legal  counsel
had been obtained for her; and to submit statements in her  own  behalf;  or
waive the above rights after consulting with counsel.

On 10 January 1983, the applicant submitted  a  conditional  waiver  of  her
rights to  an  administrative  discharge  board  hearing.   The  waiver  was
contingent upon the applicant receiving no  less  than  an  under  honorable
conditions (general) discharge.  She also acknowledged  that  legal  counsel
was made available to assist her.

A legal review was conducted in which the staff judge  advocate  recommended
the applicant be discharged with a general discharge with no  probation  and
rehabilitation.

On 20 January 1983, the  discharge  authority  approved  the  discharge  and
directed the applicant be discharged  with  an  under  honorable  conditions
(general) discharge without probation and rehabilitation.

Applicant was discharged on 26 January 1983, in the grade  of  airman  first
class with a general (under honorable conditions) discharge,  in  accordance
with AFR 39-10 (Misconduct - Drug Abuse).  She served two years, six  months
and ten days of active service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., provided an investigative  report  which  is  attached  at
Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS  states  the  applicant  has  not  submitted  any  evidence   nor
identified any errors or injustices that occurred in the processing  of  her
discharge.  Based upon the  documentation  in  the  applicant's  file,  they
believe her discharge was consistent with  the  procedural  and  substantive
requirements  of  the  discharge  regulations  of  that  time.   Also,   the
discharge was within  the  sound  discretion  of  the  discharge  authority.
Also, she did not provide any facts to warrant an upgrade of her  discharge.
  Based  on  the  information  and  evidence  provided  they  recommend  the
applicant's request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant
on 16 April 2004, for review and response.  As of  this  date,  no  response
has been received by this office.

On  27  April  2004,  the  Board  staff  requested  the  applicant   provide
documentation  on  her  activities  since  leaving  military  service.   The
applicant did not respond (Exhibit F).

On 24 May 2004 and 8 June 2004, the Board staff forwarded  the  applicant  a
copy of the investigative report for her review and comment.  The  applicant
did not respond (Exhibit G).

_________________________________________________________________

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  agree
with the opinion and recommendation of  the  Air  Force  and  adopt  their
rationale as the basis for our decision that the applicant has  failed  to
sustain her burden that she has suffered either an error or an  injustice.
Based on the documentation in the applicant's records, it appears that the
processing and the characterization of the discharge were appropriate  and
accomplished in accordance with Air Force policy.  We have considered  the
applicant’s overall quality of service, however, in view of the misconduct
while the applicant was on active duty and the apparent continued acts  of
misconduct after leaving active duty, we do not believe that  clemency  is
warranted.  Furthermore, when  provided  the  opportunity,  the  applicant
failed to respond to a request to provide documentation regarding her post-
service  activities.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to  recommend  granting  the  relief
sought in this application.

_________________________________________________________________

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 AFBCMR  Docket  Number  BC-
2004-00479 in Executive Session on 14 July 2004, under the provisions  of
AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Robert S. Boyd, Member
                 Mr. Michael J. Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 28 Mar 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 9 Apr 04.
      Exhibit E. Letter, SAF/MRB, dated 16 Apr 04.
      Exhibit F. Letter, AFBCMR, dated 27 Apr 04.
      Exhibit G. Letters, AFBCMR, dated 24 May & 8 Jun 04.




                       OLGA M. CRERAR
                       Panel Chair