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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