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AF | BCMR | CY2010 | BC-2010-00401
Original file (BC-2010-00401.txt) Auto-classification: Denied
 

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 applicant’s 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 applicant’s medical 
records. The applicant’s 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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