RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03313
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 APRIL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her under other than honorable conditions (UOTHC) discharge be upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was under a lot of emotional stress due to being sexually molested by  a
co-worker.  She did not press charges because he had  a  wife  and  baby  at
home.  She was homesick and wanted to go home so when  her  drug  test  came
back positive, she saw it as a way to get out.  Her  record  up  until  this
incident was spotless.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 Aug 81, for  a  period
of four years in the grade of airman basic.  On  3  May  83,  applicant  was
notified by her squadron commander that he was  recommending  her  discharge
from  the  Air  Force  for  misconduct-drug  abuse.   The   commander   also
recommended the applicant receive an under  honorable  conditions  (general)
discharge based on her testing positive for THC (marijuana), as a result  of
a unit sweep.

On 6 May 83, applicant acknowledged receipt of the  discharge  notification,
and after consulting with legal counsel offered a conditional waiver of  her
rights associated with an administrative discharge board hearing  contingent
upon her receipt of  no  less  than  an  honorable  discharge.   Applicant’s
conditional waiver request was denied.  On 26 May 83, after consulting  with
legal  counsel,  applicant  waived  her  rights  to  a  hearing  before   an
administrative  discharge  board,  to  military  counsel   and   to   submit
statements in her own behalf.  She understood she  might  receive  an  under
other than honorable conditions (UOTHC) discharge

On 13 Jun 83, the commander issued an addendum  to  the  recommendation  for
discharge indicating applicant should be discharged for misconduct  with  an
under other than honorable conditions (UOTHC) discharge.  The basis for  the
commander’s recommendation was a urine sample required  by  applicant  while
participating in the Drug Rehabilitation Program, which tested positive  for
THC  (marijuana).   Applicant   acknowledged   receipt   of   the   addendum
notification on 13 Jun 83.

On 14 Jun 83, the base legal office reviewed the case and found  it  legally
sufficient to support discharge and, based on the new evidence,  recommended
applicant be discharged  with  an  under  other  than  honorable  conditions
(UOTHC) discharge without probation and rehabilitation.

On 15 Jun 83, the discharge authority approved the separation  and  directed
an  under  other  than  honorable  conditions  (UOTHC)   discharge   without
probation and rehabilitation.

Applicant was discharged on 15 Jun 83, in the grade of airman  (E-2),  under
the provisions of AFR 39-10, Misconduct-Drug Abuse, and  received  an  under
other than honorable conditions (UOTHC) discharge.   She  served  on  active
duty for one year, ten months, and six days.

Pursuant to the request of the Board on 27 Nov 06,  the  Federal  Bureau  of
Investigation, Clarksburg, WV, indicated on 28 Nov 06, that,  on  the  basis
of data furnished, they are unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied,  and  states,  in  part,
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 that occurred in the  discharge  processing.   Additionally,  the
applicant provided no facts warranting a change  to  her  under  other  than
honorable conditions (UOTHC) discharge.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 Dec 06, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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  careful  consideration  of  the
available evidence, the discharge appears  to  be  in  compliance  with  the
governing regulations in effect at the time  and  we  find  no  evidence  to
indicate  that  the  applicant’s  separation  from   the   Air   Force   was
inappropriate.  We find  no  evidence  of  error  in  this  case  and  after
thoroughly reviewing the documentation that has been  submitted  in  support
of  applicant’s  appeal,  we  do  not  believe  she  has  suffered  from  an
injustice.   Additionally,  we  note  the   applicant   has   not   provided
information pertaining to her activities and accomplishments  since  leaving
the service.  The submission of such evidence has  often  proven  beneficial
when appealing an upgrade of discharge on the  basis  of  clemency.   Should
applicant provide additional  documentation  pertaining  to  her  activities
since leaving the service, this Board may be willing to consider her  appeal
based on the new evidence.  Without such evidence, we are  not  inclined  to
favorably  consider  clemency  at  this  time.   Therefore,  based  on   the
available evidence of record, we find  no  basis  upon  which  to  favorably
consider this 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  Docket  Number     BC-2006-
03313 in Executive Session on 9 January 2007, under the  provisions  of  AFI
36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Ms. Mary C. Puckett, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
03313 was considered:

    Exhibit A.  DD Form 149, dated 23 Oct 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 13 Nov 06.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Dec 06.




                                             KATHLEEN F. GRAHAM
                                             Panel Chair