RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01823
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She would like her general (under honorable conditions) discharge
be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She does not believe she should be punished the rest of her life
for a pattern of minor disciplinary infractions.
In support of her request, the applicant provides a copy of her
resume, a copy of her DD Form 214, Certificate of Release or
Discharge from Active Duty, and excerpts from her military
records.
Her complete submission, with attachments, is attached.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 9 Jul 80.
Her commander notified her on 6 Sep 83, he was recommending her
for a general discharge for failing to provide a urine specimen
in violation of the Uniform Code of Military Justice (UCMJ),
Article 92. For this offense, she was punished under Article 15
on 2 Aug 83; reduced to the grade of airman first class, ordered
to forfeit $170.00, and ordered to perform seven days extra duty.
On 31 Jul 83, she wrongfully used marijuana, in violation of the
UCMJ, Article 134. For this offense, she was punished under
Article 15 on 31 Aug 83; reduced to the grade of airman basic,
ordered to forfeit $250.00, and ordered to perform 14 days extra
duty. The applicant acknowledged receipt of the discharge
notification. After a legal review, the acting staff judge
advocate found it legally sufficient. She was counseled and
submitted a statement on her own behalf. She received a general
discharge on 22 Dec 83 after serving 3 years, 5 months, and
14 days on active duty.
On 21 Oct 85, the applicant appealed to the Air Force Discharge
Review Board (AFDRB); however, the AFDRB denied her request.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, was unable to identify
an arrest record on the basis of information furnished.
_________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the characterization of her service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to recommend granting
the relief sought on that basis. Therefore, in the absence of
evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
_________________________________________________________________
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-2011-01823 in Executive Session on 30 Aug 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
DD Form 149, dated 13 May 11, w/atchs.
Panel Chair
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