RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01190
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to honorable
and her narrative reason for separation be changed to misconduct-general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The character of her discharge and narrative reason were unjust. Her
military records concur her performance exemplified good citizenship. She
was promoted to Staff Sergeant ahead of her peers, actively sought
training, and was never reprimanded or given any disciplinary action. She
never tested positive for illegal or controlled substances.
While completing a security clearance application, her strong religious
beliefs persuaded her to voluntarily self-disclose her use of illegal
drugs. She does not regret her decision to admit illegal drug use;
however, she should not be permanently classified and marred with a
separation narrative reason of drug abuse, nor experience the undesirable
ramifications of having a general discharge. Her time was honorably
served, even to the last decision of her military service career that
resulted in her discharge.
She has an opportunity to become a corrections officer with the New York
City Department of Corrections, and would like to use her military training
experience to make a change in others while maintaining law and order.
However, she cannot include her military service time to meet the
prerequisite qualifications because of the discharge classification. She
has raised four beautiful young adults, and is a grandmother of two. She
wants to begin a new season of life.
In support of the application, the applicant submits her personal
statement, NYC Dept of Corrections candidate letter, and a copy of her
separation document (DD 214). The applicant's complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 November 1980, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) at the age of 17 for a period of four (4)
years. She was progressively promoted to the grade of Staff Sergeant
effective and with a date of rank of 1 October 1985. The following is a
resume of her Airman Performance Reports (APRs), commencing with the report
closing 16 November 1980.
PERIOD ENDING OVERALL EVALUATION
16 November 1980 9
17 September 1982 (A1C/CRO) 9
31 August 1983 (SrA/CRO) 9
29 July 1984 (Sgt/CRO) 8
29 July 1985 9
29 July 1986 (SSgt) 9
On 11 March 1987, the applicant’s commander notified her that he was
recommending that she be discharged from the Air Force under AFR 39-10, for
drug abuse and fraudulent entry based on her admissions of marijuana use
prior to her enlistment in 1980 and use of cocaine on three or four
occasions in August 1986. The applicant was advised of her rights. Under
advice of counsel, the applicant offered a conditional waiver of the rights
associated with an administrative discharge board hearing, contingent upon
her receipt of no less than a general discharge. The discharge case was
reviewed by the Staff Judge Advocate and found legally sufficient. On 12
March 1987, the applicant’s wing commander recommended the discharge
authority accept the offer of a conditional waiver and approve a general
discharge without probation and rehabilitation.
On 19 March 1987, in an addendum, the applicant’s group commander advised
her of rights associated with a conditional waiver. The applicant
acknowledged receipt, and submitted a personal statement. On 31 March
1987, a Deputy Staff Judge Advocate reviewed the case file, and recommended
acceptance of the applicant’s conditional waiver. The discharge authority
approved the conditional waiver of a discharge board entitlement on 3 April
1987, and directed the applicant be discharged with a general discharge
without probation and rehabilitation.
On 24 April 1987, the applicant was discharged under honorable conditions
(general) in the grade of Staff Sergeant, under the provisions of AFR 39-
10, Misconduct-Drug Abuse. She had served five years, five months and one
day on active duty.
In response to the Board’s request, the FBI indicated they were unable to
identify with an arrest record pertaining to the applicant on the basis of
information furnished (Exhibit D).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states based on the documentation
on file in the master personnel records, the discharge was consistent with
procedural and substantive requirements of the discharge regulation, and
the discharge was within the discretion of the discharge authority. DPPRS
notes the applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing, nor did she provide
any facts warranting a change to her character of service or narrative
reason for separation. DPPRS evaluation is at Exhibit C. 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 for
review and comment on 30 April 2004. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
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. After thoroughly reviewing the evidence
of record, we find no impropriety in the characterization or the narrative
reason for separation of the applicant's discharge. While it is true that
the applicant had compiled an outstanding service record prior to the
events that led to her separation, we believe her voluntary admission to
wrongful use of illegal drugs coupled with her status as a noncommissioned
officer, overshadowed her prior record to a degree which supported the
service characterization she received. The applicant believes her service
characterization and narrative reason are unjust. But, it is our opinion
that a general (under other than honorable conditions) discharge and
misconduct-drug abuse narrative reason for separation was appropriate given
the information in her discharge case file and the seriousness of her
misconduct. Other than the assertions of the applicant, she has not
provided documentary evidence, which would lead us to believe that her
discharge was contrary to the provisions of the governing directive under
which it was effected, that her commanders abused their discretionary
authority, or that the information contained in the discharge case file was
factually incorrect. In the absence of evidence by the applicant attesting
to a successful post-service adjustment in the years after her discharge,
we are not inclined to extend clemency at this time. However, should the
applicant provide evidence at some later time showing she has become a
productive and successful member of society, and that she has exhibited the
qualities associated with good citizenship, she may provide evidence of
that fact to the Board with a request for clemency.
________________________________________________________________
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-
01190 in Executive Session on 28 October 2004, under the provisions of AFI
36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Martha A. Maust, Member
Mr. Michael J. Maglio, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Apr 04, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 27 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 30 April 04.
RICHARD A. PETERSON
Panel Chair
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