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AF | BCMR | CY2013 | BC-2013-01508
Original file (BC-2013-01508.txt) Auto-classification: Denied
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 commander’s 
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 commander’s 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 applicant’s 
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 
applicant’s 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 AFDRB’s 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 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 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 applicant’s 
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

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