RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00401
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge and his narrative reason for separation
(Misconduct - Drug Abuse) be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was legally prescribed the drug Prozac by his physician. He
did not abuse the medication, but took it as prescribed.
In support of his request, the applicant provides a copy of his
prescription for Prozac.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 24 July 2007.
The applicant was notified by his commander on 27 March 2008, of
his intent to recommend that he be discharged from the Air Force
under the provisions of AFPD 36-32 and AFI 36-3208, chapter 5,
section H, paragraph 5.54. The specific reason was the applicant
did on or about 17 December 2007, wrongfully possess a
prescription medication (Prozac), without a valid prescription.
He received nonjudicial punishment under the provisions of
Article 15, UCMJ. His punishment consisted of a reduction to the
grade of airman basic.
He was advised of his rights in this matter and acknowledged
receipt of the notification on that same date. The applicant
elected not to consult with counsel and elected not to submit
statements in his own behalf.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge. On
4 April 2008, the discharge authority concurred with the
recommendations and directed a general (under honorable
conditions) discharge. The applicant was discharged on 10 April
2008. He served 8 months and 17 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states the applicant
submitted a copy of what appears to be a Wal-Mart prescription
which is not legible. However, as part of an investigation, the
81st Security Forces Investigations, per memorandum dated
20 February 2008, requested a copy of the applicants medical
records. The applicants medical records did not reveal he was
legally prescribed the drug Prozac, nor did the applicant provide
proof of a prescription during his Article 15 action or
subsequent administrative discharge action. The applicant has
not provided sufficient evidence, e.g., medical records, or a
notarized statement from his physician that substantiates that he
was legally prescribed Prozac.
Based on the documentation on file in the master personnel
records, the discharge was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority.
The DPSOS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 October 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
_________________________________________________________________
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-2010-00401 in Executive Session on 2 November 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00401 was considered:
Exhibit A. DD Form 149, dated 29 October 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Letter, AFCP/DPSOS, dated 31 August 2010.
Exhibit D. Letter, AFBCMR, dated 1 October 2010.
Panel Chair
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