RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00845
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was discharged based on a single urinalysis test. She was not offered
counseling or rehabilitation. Her punishment included a demotion in rank.
Until that time she had 7 1/2 years of faithful service.
She is having a difficult time finding work due to her character of service
designation.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air Force from 19 Jul 76 to 18 Apr 82, and
received an honorable discharge. She entered her final enlistment on 19
Apr 82. Her highest grade held was staff sergeant.
She received nine performance reports reflecting overall ratings of (oldest
to latest): 9, 9, 9, 9, 9, 8, 8, 9, and 8.
On 26 Jan 84, applicant’s squadron commander notified her that she was
recommending she be discharged from the Air Force for drug abuse. The
commander recommended a general discharge. The basis for the discharge was
an Article 15 the applicant received on 16 Dec 85 for wrongful use of
marijuana at some time or times during the period from 23 Oct 83 to about
23 Nov 83, as evidenced by a urinalysis specimen furnished by her on 23 Nov
83, which showed positive for marijuana. Her punishment consisted of
reduction in grade to sergeant.
On 26 Jan 84, applicant acknowledged receipt of the notification of
discharge and, after consulting with legal counsel, offered a conditional
waiver of her rights associated with an administrative discharge board
hearing contingent upon receipt of no less than a general discharge.
The Staff Judge Advocate found the case file legally sufficient to support
discharge and recommended a general discharge without probation and
rehabilitation. The discharge authority approved the separation and
directed a general discharge for drug abuse while a noncommissioned
officer, without probation and rehabilitation.
She was discharged on 15 Feb 84, in the grade of senior airman, under the
provisions of AFR 39-10, by reason of misconduct-drug abuse, and received a
general discharge. She served on active duty for a period of 7 years, 6
months, and 26 days.
Pursuant to the Board’s request on 13 Mar 08, the Federal Bureau of
Investigation, Clarksburg, West Virginia, indicated on 14 Mar 08, that, on
the basis of data furnished, they are unable to locate an arrest record
(Exhibit C).
On 27 Mar 08, the AFBCMR staff offered the applicant an opportunity to
provide information pertaining to her activities since leaving the service
(Exhibit D).
The applicant submitted a personal statement stating she enjoyed the
military and was bound to make a career and a good life for her and her
son. She worked for AT&T for 13 years until she had to leave her job to
care for her dying mother. After the death of her mother she entered a
Homeless Veterans Program, went to rehab, and was placed in a 10-week Post
Traumatic Stress Disorder (PTSD) residential program. She completed the
program, and continues therapy for PTSD and depression. She provided two
letters of support.
The applicant’s complete response, with attachments, is 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. Sufficient relevant evidence has not been presented to demonstrate the
existence of error or injustice. After careful consideration of the
available records, we found no evidence that the applicant’s discharge was
inappropriate or contrary to the governing directives in effect at the
time. Nevertheless, based on the documentation submitted in support of her
appeal, it appears she has been a responsible citizen and a productive
member of society since leaving the service over two decades ago.
Therefore, while we do not condone the behavior which led to her discharge,
we believe an upgrade of the characterization of her service to honorable
is warranted on the basis of clemency. Accordingly, we recommend that her
records 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 15 February 1984, she was
honorably discharged and furnished an Honorable Discharge certificate.
_______________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2008-
00845 in Executive Session on 7 May 08, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Lea Gallogly, Member
Ms. Glenda H. Scheiner, Member
All members voted to correct the records, as recommended. The following
documentary evidence pertaining to Docket Number BC-2008-00845 was
considered:
Exhibit A. DD Form 149, dated 28 Feb 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Report, dated 14 Mar 08.
Exhibit D. Letter, AFBCMR, dated 27 Mar 08.
Exhibit E. Letter, Applicant, dated 22 Apr 08, w/atchs.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2008-00845
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 15 February 1984,
she was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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