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AF | BCMR | CY2008 | BC-2008-00845
Original file (BC-2008-00845.doc) Auto-classification: Approved

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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