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AF | BCMR | CY2012 | BC-2012-04323
Original file (BC-2012-04323.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER: BC-2012-04323

					COUNSEL:  NONE

					HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

She was in an abusive relationship at the time of the discharge; 
both of them were active duty Security Police, with untreated 
alcoholism.  She is proud to announce she has been an active 
member of Alcoholic Anonymous since 2007.  She requests 
forgiveness and consideration in upgrading her discharge to 
honorable.

In support of her appeal, the applicant submits a personal 
statement.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 December 
1980.  On 21 December 1982, she was notified of her commander’s 
intent to discharge her from the Air Force for drug abuse.  
Specifically, between on or about 28 August 1982 and 7 December 
1982, she wrongfully used marijuana in the hashish form.  The 
applicant acknowledged her commander’s intent, her right to 
legal counsel and to submit statements on her behalf.  She 
consulted counsel and declined to submit a statement on her 
behalf.

On 29 December 1982, the staff judge advocate found the 
discharge legally sufficient.  On 10 January 1983, the commander 
approved the discharge and directed she be separated with a 
general discharge.  The applicant was separated on 24 January 
1982 with a general (under honorable conditions) discharge. 

On 7 June 2013, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

________________________________________________________________

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 during the discharge process.  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 the service was contrary to the 
provisions of the governing regulation, or unduly harsh.  In the 
interest of justice, we considered upgrading the applicant’s 
discharge on the basis of clemency; however, we find 
insufficient evidence to recommend granting the request 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-2012-04323 in Executive Session on 11 July 2013, under 
the provisions of AFI 36-2603:




The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04323 was considered:

    Exhibit A.  DD Form 149, dated 13 Sep 12. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBC, dated 7 Jun 13.



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