RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03865
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her dismissal from the Air Force be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was charged with violations of the Uniform Code of Military
Justice (UCMJ) in relation to her drug addiction. As a result
of a pre-trial agreement, she was dismissed from the Air Force.
After her separation, she entered an alcohol and drug treatment
program specifically designed for medical professionals. She
voluntarily entered the program and completed a three and a half
month program as well as a two year follow-up contract.
She is very active in the twelve step program and routinely
attends approximately four meetings every week. She also
attends Alcoholic Anonymous conventions three to four times a
year. She sponsors women to help them get and stay clean and
sober and gives annual lectures on alcoholism and drug addiction
to the nurse anesthesia students attending a local university.
She is approaching 30 years of continuous sobriety and does all
she can to maintain her sobriety. She believes it is unjust to
continue to be punished for violations that occurred over
30 years ago. She lost a promising career due to her actions.
In the twelve step program one of the steps is to clear away
wreckage of the past. Her dismissal is wreckage and she
requests it be upgraded.
She also believes a second injustice occurred. The American
Medical Association states that alcoholism and drug addiction
are diseases. At the time of her court-martial, if someone had
violated the UCMJ due to an illness other than chemical
dependency, they most likely would not have been court-
martialed. Their disease would have been treated, and if it
prevented them from functioning in the Air Force, they would
have been medically retired. Should she continue to be punished
for a disease which has been treated and is in remission?
In support of this appeal, the applicant provides a personal
statement, her DD Form 214, Certificate of Release or Discharge
from Active Duty and several character statements.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force who served
from 24 November 1978 through 1 July 1985. On 11 September
1984, she pled and was found guilty of signing an official
document, with intent to deceive, in violation of Article 107,
UCMJ and wrongful use of Fentanyl, Demerol and Morphine, in
violation of Article 134, UCMJ. A military judge sitting alone
sentenced her to be dismissed from the Air Force, confinement
with hard labor for six months and forfeiture of $500 pay per
month for six months. Pursuant to a pre-trail agreement, only
so much of the sentence that provided for dismissal from the Air
Force was approved.
On 28 November 1984, the United States Air Force Court of
Military Review affirmed the findings and sentence of the case.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated that on the basis of the information
provided, they were unable to locate an arrest record.
________________________________________________________________
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. Sufficient relevant evidence has been presented to warrant
the applicant a measure of relief based on clemency. Considered
alone, we conclude the court-martial process, to include the
adjudged sentence, were proper and appropriate at that time.
Given the stigma and consequences of a court-martial conviction,
an upgrade to an under other than honorable conditions discharge
based on clemency in no way diminishes the message that was sent
regarding the seriousness of the applicants conviction.
However, we believe that the applicants 30 years of continuous
sobriety, her active role in an alcohol and drug treatment
program and her sponsorship for women to help them stay clean
and sober provides sufficient basis to grant clemency.
Therefore, we view clemency as a reasonable action that will
allow the applicant to lead a productive life. Accordingly, we
recommend her records be corrected to the extent indicated
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 1 July 1985,
she was discharged with service characterized as under other than
honorable conditions.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-03865 in Executive Session on 13 May 2014, under
the provisions of AFI 36-2603:
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, 10 Aug 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
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