RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01508
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her general (under honorable conditions) discharge be
upgraded to honorable.
2. Her narrative reason for separation of Misconduct Drug
Abuse be removed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The type and reason of her discharge was unjust. She was
implicated in a base drug bust and accused of drug misconduct.
She consented to a police/dog search of her dormitory room
(clean search) and submitted to drug tests (negative results).
She was demoted from airman first class (E-3) to airman (E-2).
Prior to the drug bust, she was medically disqualified from her
position as an aerospace physiologist technician.
She was approved for retraining as a flight surgeon assistant
and was doing on-the-job-training until a slot opened; however,
her retraining was cancelled.
She requested a discharge due to the embarrassment of being
demoted and the cancellation of her technical school.
In support of her appeal, the applicant provides a copy of her
DD Form 214, Certificate of Release or Discharge from Activity
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 Jun 87, the applicant enlisted in the Regular Air Force.
On 14 Dec 88, the applicant was notified of her commanders
intent to recommend she be discharged from the Air Force under
the provisions of AFR 39-10, Administrative Separation of Airmen
for a commission of a serious offense, specifically, drug abuse.
The applicant acknowledged receipt of the notification of
discharge and after consulting with counsel, waived her right to
submit a statement on her own behalf. For a full accounting of
the offenses, see the commanders notification letter at Exhibit
B.
By undated letter, the 71st Air Base Group Staff Judge Advocate
(71 ABG/JA) reviewed the case and found it legally sufficient to
support discharge and recommended the applicant receive a
general (under honorable conditions) discharge without the offer
of probation or rehabilitation.
On 20 Dec 88, the discharge authority approved the applicants
discharge. On 22 Dec 88, the applicant was discharged for
Misconduct Drug Abuse with service characterized as general
(under honorable conditions) in the grade of airman.
On 24 Feb 93, the applicant submitted a DD Form 293, Application
for the Review of Discharge or Dismissal from the Armed Forces
of the United States asking for upgrade. On 14 Oct 93, the Air
Force Discharge Review Board (AFDRB) considered and denied the
applicants appeal for upgrade of her discharge to honorable.
The AFDRB found that neither the evidence of record nor that
provided by the applicant substantiated an inequity or
impropriety which would justify a change of discharge. On
16 Dec 93, the applicant was notified of the AFDRBs decision.
In a letter dated, 7 Nov 13, the applicant was offered an
opportunity to provide information pertaining to her activities
since leaving the service (Exhibit C). As of this date, this
office has not received a 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 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 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 the service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. In addition, we
also find no basis to remove the narrative reason for separation
of Drug Abuse from her records. In the interest of justice, we
considered upgrading the characterization of the applicants
discharge based on clemency; however, after considering her
overall record of service, the infractions which led to her
administrative separation and lack of post-service
documentation, we are not persuaded that an upgrade is
warranted. In view of the above and 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-2013-01508 in Executive Session on 27 Jan 14, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Mar 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 7 Nov 13.
Panel Chair
AF | BCMR | CY2014 | BC 2014 00644
On 7 May 2008, the Air Force Discharge Review Board (AFDRB) denied the applicants request to upgrade her discharge to honorable. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us to conclude that the applicants post-service activities overcome the misconduct for which she was...
AF | BCMR | CY2003 | BC-2002-00882
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-00882 INDEX CODE: 126.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Article 15 be set aside so that her discharge can be upgraded so that she may qualify for Montgomery GI Bill (MGIB) benefits. The service member may then consult with a defense counsel to determine whether to accept nonjudicial...
AF | BCMR | CY2006 | BC-2005-02752
___________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 2 December 1982, for a period of four years in the grade of airman first class. On 19 Dec 86, applicant applied to the Air Force Discharge Review Board (AFDRB) requesting her discharge be upgraded to an honorable discharge. The applicant applied to the Air Force Discharge Review Board (AFDRB) for an upgrade of her discharge.
AF | BCMR | CY2010 | BC-2010-01452
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01452 INDEX CODE: A94.05/06 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: While it is not readily apparent, it appears the applicant is requesting that his General (Under Honorable Conditions) discharge be upgraded to honorable and his former rank of technical sergeant (E-6) be restored. On...
_________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 7 Jun 90 in the grade of airman basic for a period of 4 years. In a legal review of the discharge case file, the Staff Judge Advocate recommended that the discharge authority direct the applicant be discharged with a general discharge. On 12 Nov 98, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for upgrade of her...
On 20 May 1997, the applicant received an LOR for failure to reduce body fat or weight at the rate described for satisfactory progress in accordance with AFI 40-502, the WMP. A complete copy of the Air Force evaluation is attached at Exhibit D. The Directorate of Personnel Program Management, AFPC/DPPRRP, also reviewed this application and states that the law which allows for advancement of enlisted members of the Air Force, when their active service plus service on the retired list totals...
AF | BCMR | CY2003 | BC-2003-02966
On 27 Jan 88, the Air Force Discharge Review Board (AFDRB) considered and denied his request to upgrade his general discharge to honorable. By letter, dated 15 Oct 03, the Separations Branch (AFPC/DPPRSP) notified the applicant that his DD Form 214, Certificate of Release or Discharge from Active Duty, had been administratively corrected to reflect his AFSC as 81152, rather than 81132, and his character of service to reflect Under Honorable Conditions (General), rather than General. ...
AF | BCMR | CY2013 | BC 2013 03565
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03565 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. Although the applicant contends the AFDRB did not review the letter submitted by his ADC, dated 25 Oct 88 or his statement requesting help, according to the AFDRB Examiners...
AF | BCMR | CY2013 | BC 2013 04548
According to the applicants AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF)/AIR Force Reserve (AF Reserve)/Air National Guard (ANG), dated 25 Jun 13, the applicant requested cancellation of her 26 months extension for the purpose of immediate reenlistment in order to receive a Selective Reenlistment Bonus (SRB). THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be...
Therefore, a majority of the Board recommends her discharge be upgraded to honorable. Exhibit D. FBI Report, dated 14 Aug 98. DOUGLAS J. HEADY Panel Chair INDEX CODE: 100, 110 AFBCMR 98-01562 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of...