RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET  NUMBER:   BC-2005-
02752
                                             INDEX CODE:  110.02

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  6 MARCH 2007


___________________________________________________________________


APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed  to  “Misconduct  –
Minor Disciplinary Infractions.”

Applicant is also  requesting  correction  to  her  DD  Form  214,
Certificate of Release or Discharge from  Active  Duty,  Item  13,
spelling out “Air Force and changing Overseas Ribbon – Short  Tour
to read Short Tour Ribbon.”

___________________________________________________________________


APPLICANT CONTENDS THAT:

She was promised upon her discharge in 1986, that the  “Misconduct
- Drug Abuse” would not show in her permanent records because  she
was a first term airman.  The original copy of her  DD  Form  214,
states in item 28, “Misconduct – Minor Disciplinary Infractions.”

Her DD Form 214 will definitely hinder  employment  opportunities,
especially for city and government jobs.

Applicant’s complete submission, with attachments, is  at  Exhibit
A.

___________________________________________________________________


STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  2  December  1982,
for a period of four years in the grade  of  airman  first  class.
Her highest grade held was senior airman.

Applicant’s Airman Performance Report (APR) profile follows:

     PERIOD ENDING            OVERALL PROMOTION EVALUATION

       5 Sep 83                             9
      19 Mar 84                             9
      28 Feb 85                             8
      11 Nov 85                             8
      02 Apr 86                             3 (Referral)

On 4 Apr 86, the squadron section commander notified the applicant
that she was recommending she be discharged from the Air Force for
misconduct based on drug abuse and minor disciplinary infractions.
 The commander  cited  the  following  reasons  for  the  proposed
discharge action:  (1) Applicant’s receipt of  an  Article  15  on
10 Mar 86, for wrongful use of marijuana on or about (o/a)  3  Dec
85 to o/a 10 Dec 85.  Punishment imposed consisted of reduction to
the grade of airman first class; (2) Thereafter, she received five
Memorandum of Records for failure to go, two Records of Individual
Counseling for failure to go, and a Letter of  Reprimand  with  an
Unfavorable Information File (UIF) entry, for failure  to  go  and
for making two false official statements, during the period 18 Jul
85 through 14 Mar 86.

On 15 Apr 86, applicant acknowledged receipt of  the  notification
of discharge and after consulting  with  legal  counsel  submitted
statements in her own behalf.

The staff judge advocate reviewed the case and  found  it  legally
sufficient  to  support  separation  and  recommended  a   general
discharge without probation and rehabilitation.

On 30 Apr 86, the discharge authority approved the separation  and
directed an under honorable conditions (general)  discharge,  with
the primary reason for discharge being “drug abuse.”  He  did  not
direct probation and rehabilitation.

Applicant was discharged on 8 May 86, in the grade of airman first
class, under the provisions of AFR 39-10, by reason of  misconduct
–  drug  abuse,  with  service  characterized  as  general  (under
honorable conditions).  She served on active duty for a period  of
three years, five months, and seven days.

On 19 Dec 86, applicant applied to the Air Force Discharge  Review
Board (AFDRB) requesting her discharge be upgraded to an honorable
discharge.  After review of the  evidence  of  record,  the  AFDRB
concluded that the discharge was consistent  with  the  procedural
and substantive requirements of the discharge regulation  and  was
within the discretion of the  discharge  authority  and  that  the
applicant was provided full administrative due process.  The Board
further concluded that there exists no legal  or  equitable  basis
for upgrade of applicant’s discharge to  honorable.   Additionally
while reviewing the applicant’s military  personnel  records,  the
AFDRB discovered that items 12c, 26, 27, and 28  were  erroneously
entered on the applicant’s DD Form 214.

The applicant’s DD Form  214  was  administratively  corrected  to
reflect “Misconduct – Drug Abuse”  as  the  narrative  reason  for
separation.

A copy of the AFDRB Hearing Record is attached at Exhibit C.

___________________________________________________________________


AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application  and  recommended  denial,
stating the discharge  was  consistent  with  the  procedural  and
substantive  requirements  of  the  discharge   regulation.    The
discharge was within the discretion of  the  discharge  authority.
Applicant did not submit any evidence or identify  any  errors  or
injustices  that  occurred  in  the  discharge  processing.    She
provided no facts warranting a change to the narrative reason  for
her separation.

In accordance with AFR 35-6, Separation Documents,  no  corrective
action is required to Item 13 of the DD Form 214.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant
on 9 Dec 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office.  (Exhibit C)

___________________________________________________________________


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.  Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice that warrants the relief  sought  in
this application.  We note the applicant’s request to  change  her
narrative reason for separation from “Misconduct-drug abuse”  back
to “Misconduct-minor disciplinary infractions,” and we believe the

circumstances of her case justify  this  particular  relief.   The
applicant applied to the Air Force Discharge Review Board  (AFDRB)
for an upgrade of her discharge.  While reviewing her records  the
AFDRB discovered an error on her DD Form 214.  We  note  that  the
discharge authority intended that the primary reason for discharge
be drug abuse; however, we believe had the applicant  not  applied
to the AFDRB for an upgrade of her  discharge,  her  record  would
have not been changed and the  reason  for  discharge  would  have
remained as “Misconduct-minor disciplinary infractions.   In  this
respect, we believe the applicant’s narrative reason for discharge
should not be more detrimental than before she  began  the  appeal
process.  In our opinion this  constitutes  an  injustice  to  the
applicant which we feel requires her records to  be  corrected  as
indicated below.

___________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force
relating to APPLICANT, be corrected to show that on  8  May  1986,
she was discharged under the  provisions  of  AFR  39-10,  with  a
Separation Program Designator (SPD) Code of JKN.

___________________________________________________________________


The following members of the Board considered this application  in
Executive Session on, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Cheryl V. Jacobson, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record, dated 22 Dec 87, w/atchs.
    Exhibit D.  Letter, AFPC/DPPRS, dated 30 Nov 05.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Dec 05.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR BC-2005-02752




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that on 8 May
1986, she was discharged under the provisions of AFR 39-10, with a
Separation Program Designator (SPD) Code of JKN.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency