RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00755
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was forced out of the military because she chose to self-medicate with marijuana to treat her depression and refused rehabilitation. She is currently receiving a 70 percent service connected disability for her depression and was told she needed to wait 15 years to request an upgrade to her discharge.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she enlisted in the Regular Air Force on 12 Mar 80.
On 16 Mar 81, the applicants commander notified her that she was recommending her discharge from the Air Force for apathy and defective attitude. The reasons for the action included the following:
a) On 21 Jul 80, the applicant received verbal counseling for issuing a bad check.
b) On 12 Feb 81, the applicant received a record of counseling for tardiness and a defective attitude.
c) On 2 Mar 81, the applicant was arrested for possession of marijuana.
d) 9 Mar 81, the applicant received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for possession of marijuana.
On 16 Mar 81, the applicant acknowledged receipt of the action and that legal counsel was made available to assist her.
An evaluation officer reviewed the applicants case and recommended she be discharged from the Air Force and furnished a general discharge for an apathetic and defective attitude only after being considered for rehabilitation.
On 23 Mar 81, the applicant acknowledged she was interviewed by the evaluation officer and elected to submit a statement on her behalf.
On 26 Mar 81, the case was found to be legally sufficient.
On 27 Mar 81, the discharge authority directed the applicant be furnished a general discharge, without probation and rehabilitation.
On 27 Mar 81, the applicant was furnished a general (under honorable conditions) discharge and was credited with 1 year and 16 days of total active service.
On 29 Sep 81, the applicant submitted a DD Form 293, Application for Review of Discharge or Dismissal From The Armed Forces of the United States, requesting her general (under honorable conditions) discharge be upgraded to honorable. Specifically, she indicated it was hard for her to consider rehabilitation because she smoked marijuana for the past eleven years and it has never interfered with her duties.
On 28 Apr 82, the Air Force Discharge Review Board (AFDRB) considered the applicants request to upgrade her discharge and, after considering all the facts of record in the applicants case, concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and the applicant was provided full administrative due process. The Board determined the applicants frequent use of marijuana and other misconduct warranted less than an honorable discharge.
On 18 Nov 13, a request for post-service information was forwarded to the applicant for comment within 30 days. As of this date, no response has been received by this office (Exhibit C).
________________________________________________________________
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 applicants complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge process. Based on the available evidence of record, it appears the applicants general (under honorable conditions) discharge for apathy and defective attitude was consistent with the substantive requirements of the discharge regulation and within the commanders discretionary authority. She has provided no evidence which would lead us to believe the characterization of her service was improper or contrary to the provisions of the governing directive. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the limited documentation related to the applicants activities since leaving the service sufficient to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicants general (under honorable conditions) discharge.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material 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-2013-00755 in Executive Session on 19 Dec 13, under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00755 was considered:
Exhibit A. DD Form 149, dated 14 Dec 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFBCMR Letter, dated 18 Nov 13, w/atch.
Chair
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