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AF | BCMR | CY2005 | BC-2004-03050
Original file (BC-2004-03050.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03050
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  01 APRIL 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her discharge was in error or unjust for medical reasons.

The applicant did not provide any  documentation  in  support  of  the
appeal.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14 September 1981 for a
period of four years.  She was progressively promoted to the grade  of
airman on 14 March 1982 and airman first class on  14 September  1982.
She received two Airman Performance Reports (APRs)  closing  3  August
1982 and 17 October 1982, in which the overall evaluations  were  “7,”
and “4.”

On 23 September 1982, applicant received an Article  15  for  wrongful
use of marijuana sometime between 23 August 1982 and  31 August  1982.
Punishment consisted of reduction to the grade  of  airman  basic  and
forfeiture of $150.00 of her pay.  She did not appeal the  punishment.
In addition to the Article  15,  the  file  contains  an  OSI  extract
stating that an Office of  Special  Investigations  (OSI)  source  had
observed the subject smoking marijuana (Exhibit B).

On 18 October 1982, her commander initiated  administrative  discharge
for drug abuse  based  on  an  OSI  report.   The  applicant  gave  an
unconditional waiver of board hearing and submitted no statements.

The applicant was separated from the Air  Force  on  1  December  1982
under the provisions of AFR 39-10, Chapter 5, Section H, paragraph  5-
49c for drug abuse,  with  an  under  honorable  conditions  (general)
discharge.  She served 1 year, 2 months and 18 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  states  that  a  review  of  the  service
medical record and dental records  finds  no  medical  or  psychiatric
condition that would have impaired the  applicant’s  ability  to  know
right from wrong or impair her ability to choose the right.  There was
no medical condition present that  may  have  warranted  referral  for
disability evaluation.  Action and disposition in this case are proper
and equitable reflecting compliance with  Air  Force  directives  that
implement the law.   Therefore,  the  medical  consultant  is  of  the
opinion that no change in the records is warranted.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a statement saying she was  tested  several  times,
and if there was no evidence of drugs they should have never  released
her under honorable conditions.  She should have received an honorable
discharge.

Applicant's complete response is attached at Exhibit E.

_________________________________________________________________

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.  Evidence has not  been  provided
that would lead us to believe the applicant’s discharge was  erroneous
or unjust.  There is no evidence in her military personnel or  medical
records indicating the information in  the  discharge  case  file  was
erroneous, her substantial rights were  violated,  or  her  commanders
abused their discretionary  authority.   In  addition,  the  applicant
provided no evidence  that  would  lead  us  to  believe  clemency  is
warranted in her case.  In the absence of such evidence,  we  have  no
basis on which to favorably consider her 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  this  application  in
Executive Session on 8 September 2005, under the provisions of AFI 36-
2603:

            Mr. Michael J. Novel, Panel Chair
            Mr. Terry L. Scott, Member
            Ms. Cheryl V. Jacobson, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2004-03050 was considered:

      Exhibit A. DD Form 149, undated.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 27 Jul 05.
      Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
      Exhibit E. Applicant’s Response, dated 1 Aug 05, w/atch.




                             MICHAEL J. NOVEL
                             Panel Chair

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