RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01588
            INDEX CODE:  110.00
      XXXXXXX
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE: 27 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code "2B" be changed to "2" to  allow  her
to reenlist in the Army.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was found not guilty of any drug use or possession, yet  it  shows  drug
abuse. This is not right. She wishes to be allowed to  enlist  in  the  Army
before July 12, 2005. She was allowed to remain on  active  duty  after  the
trial but  opted  to  terminate  her  active  duty  status  due  to  spousal
hardship, not the findings of the court-martial.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 25 March 1983, the applicant enlisted in the Regular  Air  Force  in  the
grade of airman basic for a period of four years.

On  15  March  1985,  the  applicant's  commander  notified   her   he   was
recommending discharge from the Air Force for drug abuse and  other  serious
offenses. The commander was recommending applicant receive a general  (under
honorable conditions) discharge base on the following:

      (1) On 24 January 1994, applicant  was  convicted  by  Special  Court-
Martial for wrongful possession of drug paraphernalia  and  for  failure  to
report drug abuse by another military member.

      (2) Between 1 August through 11  October  1984,  applicant  wrongfully
used and possessed marijuana.

      (3) On or before 12 October 1984, applicant  wrongfully  used  codeine
and morphine, both controlled  substances,  as  evidenced  by  a  toxicology
report.

Applicant acknowledged receipt of the notification of discharge, waived  her
right to a hearing before an administrative discharge board, and  understood
she may receive an Under Other Than Honorable Condition  (UOTHC)  discharge.
The  base  legal  office  reviewed  the  case  file  and  found  it  legally
sufficient to support discharge  and  recommended  applicant  be  discharged
with an UOTHC discharge without probation and rehabilitation.

The discharge authority approved the separation and directed  the  applicant
be discharged with an UOTHC discharge without probation and rehabilitation.

On 23 April 1985, the applicant was separated from the Air Force  under  the
provisions of AFR 39-10, Administrative Separation  of  Airmen  (misconduct-
drug abuse), with an UOTHC discharge. She served a  total  of  5  years,  11
months and 28 days of total active military service.

On 12 June 1985,  applicant  submitted  an  application  to  the  Air  Force
Discharge  Review  Board  (AFDRB)  requesting  her  UOTHC  discharge  to  be
upgraded to a general (under  honorable  conditions)  discharge.  The  AFDRB
considered all the evidence  of  record  and  concluded  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority and the applicant was provided full  administrative  due  process.
The board further concluded the overall quality of applicant's  service  was
more  accurately  reflected  by  discharge   under   honorable   conditions.
Applicant's characterization of discharge was upgraded to a  general  (under
honorable conditions) discharge and she  was  issued  a  new  DD  Form  214,
Certificate of Release or Discharge from Active Duty, showing the upgrade.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated the applicant was found not  guilty
for  drug  and  possession;  however,  according  to  the  DD   Form   1323,
Toxicological Examination - Request and Report,  applicant  wrongfully  used
codeine and morphine.

Based on the documentation on file  in  the  master  personnel  records  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.  The applicant  did  not  submit  any  evidence  or
identify  any  errors  or  injustices  which  occurred  in   the   discharge
processing.  She provided no facts warranting a change to the RE code.

AFPC/DPPRS's complete evaluation is at Exhibit D

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states  she  is  asking  for
this chance to properly and proudly return  to  active  duty  to  serve  her
country with the honor and respect that is  duly  deserved.  She  swears  to
honor her uniform and this land as a free nation. Please  do  not  deny  her
this chance to make things right.

Applicant's complete response is at Exhibit G.

On 14 August 2006 a copy of  the  Federal  Bureau  of  Investigations  (FBI)
report was forwarded to the applicant.  As of this  date,  this  office  has
received no response (Exhibit F).

_________________________________________________________________

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 an error or injustice warranting  a  change  to  her  RE  code.
After a thorough review of  the  evidence  of  record  and  the  applicant’s
submission, it is our opinion that given the circumstances  surrounding  her
separation from the Air Force, the separation code assigned was  proper  and
in compliance with  the  appropriate  directives.   The  applicant  has  not
provided any evidence which would lead us to believe otherwise.   Therefore,
we agree with the Air Force office of primary responsibility and  adopt  its
rational as the basis for our conclusion that the  applicant  has  not  been
the victim of an error or injustice.  In the absence of persuasive  evidence
to the contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2006-
01588 in Executive Session on 26 September 2006,  under  the  provisions  of
AFI 36-2603:

   Mr. James W. Russell III, Panel Chair
   Mr. Patrick C. Daugherty, Member
   Ms. Janet I. Hassan, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01588 was considered:

   Exhibit A.  DD Form 149, dated 15 May 06.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Investigation Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 5 Jun 06.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Jul 06.
   Exhibit F.  Letter, AFBCMR, dated 15 Aug 06.
   Exhibit G.  Applicant's Response, undated.





                                JAMES W. RUSSELL III
                                Panel Chair