RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01150 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her general (under honorable conditions) discharge be upgraded to 
an honorable discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She used cocaine on only one occasion to gain the confidence of a 
local drug dealer who she was trying to implicate. She only 
snorted the cocaine because she feared for her life. 

 

In support of her appeal, the applicant provides copies of her 
discharge file. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 4 May 1988 thorough 28 July 1992. She 
was progressively promoted to the grade of senior airman (E-4) 
with an effective date of 4 May 1991. 

 

On 4 June 1992, the applicant was tried at a general court-
martial for wrongfully using cocaine, in violation of Article 
112a, Uniform Code of Military Justice (UCMJ). The applicant 
pled guilty to the charge. She waived her right to present her 
case to a panel of military members and instead, elected to be 
tried and sentenced by the military judge alone. The judge 
determined the applicant had voluntarily and knowingly used 
cocaine and that she did so without any legal authorization. As 
a result, the military judge accepted the applicant’s guilty plea 
and sentenced her to a reprimand. After waiving her right to 
clemency and to appeal, she was administratively discharged on 
28 July 1992 with a general (under honorable conditions) service 
characterization. She served 4 years, 2 months and 25 days on 
active duty. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. JAJM indicates that under Title 
10, United States Code (USC), Section 1552(f), which amended the 
basic corrections board legislation, the Air Force Board for 
Correction of Military Record’s (AFBCMR) ability to correct 
records related to courts-martial, is limited. Specifically, 
Section 1552(f)(1) permits the correction of a record to reflect 
actions taken by reviewing authorities under the UCMJ. 
Additionally, Section 1552(f)(2) permits the correction of 
records related to action on the sentence of courts-martial for 
the purpose of clemency. Apart from these two limited 
exceptions, the effect of Section 1552(f) is that the AFBCMR is 
without authority to reverse, set-aside, or otherwise expunge a 
court-martial conviction that occurred on or after 5 May 1950 
(the effective date of the UCMJ). 

 

JAJM indicates the record shows the applicant was afforded all of 
the procedural rights offered by the court-martial process. The 
applicant pled guilty to the offense and was able to have an 
impartial military judge decide whether her plea was made 
voluntarily. During the lengthy inquiry, the applicant admitted 
to the judge that she had used cocaine and, importantly, that she 
had done so without coercion or duress. She explained she 
attempted to purchase drugs from a dealer - without first 
obtaining guidance from the Air Force Office of Special 
Investigations (AFOSI) or any other law enforcement agency. 
Before selling her any drugs; however, the dealer insisted that 
she first snort a line of cocaine in his presence. The applicant 
admitted to the court that she did not have the legal 
justification for using cocaine and that she was not acting as a 
law enforcement agent. The military judge determined that her 
guilty plea was voluntary and that she had wrongfully used 
cocaine. 

 

It is JAJM’s opinion that while clemency may be granted under 
Title 10 USC Section 1552 (f) (2), the applicant provides no 
justification for her request, and clemency is not warranted in 
this case. In support of her petition, the applicant makes the 
same argument as she did at her court-martial. In addition, she 
now claims that she was coerced into snorting cocaine and did so 
only because she feared for her life. Other than these 
unsubstantiated and contradictory claims, the applicant does not 
provide any support for the idea that she has been rehabilitated 
since the time of her court-martial 18 years ago. Nothing 
provided by the applicant erases her past criminal conduct. 
Upgrading her discharge is not appropriate. 

 

 

The complete JAJM evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 


 

A copy of the Air Force evaluation was forwarded to the applicant 
on 29 October 2010 for review and comment within 30 days. 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 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 an error or injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. 
Furthermore, we do not find clemency is appropriate in this case 
since the applicant has not provided any evidence concerning her 
post-service activities. Therefore, the applicant’s request is 
not favorably considered. 

 

________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2010-01150 in Executive Session on 14 December 2010, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-01150: 

 

 Exhibit A. DD Form 149, dated 25 Feb 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 1 Jul 10. 

 Exhibit D. Letter, SAF/MRBR, dated 29 Oct 10. 

 

 

 

 

 

 Panel Chair