RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01764
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was informed that her discharge would automatically be
upgraded to honorable after six months and she didnt realize
that there was a process to apply for upgrade.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she enlisted
in the Regular Air Force on 16 Dec 80.
On 28 Nov 83, the applicants commander notified her that he was
recommending her discharge due to her failure to complete the
drug rehabilitation program due to unwillingness to cooperate.
The reason for the action included the following:
a. On 22 Jun 83, the applicant tested positive for
marijuana during a random urinalysis screening and was
recommended for the drug rehabilitation program.
b. On 7 Jul 83, the applicants commander issued her
nonjudicial punishment (Article 15) under the Uniform Code of
Military Justice (UCMJ) for wrongfully using marijuana. Her
punishment consisted of 30 days of correctional custody,
forfeiture of $100.00 pay, and a reduction to the grade of
airman (E-2), which was suspended for six months.
c. On 11 Oct 83, the applicant tested positive for
marijuana for a second time during a urinalysis screening as
part of the drug rehabilitation program.
On 20 Dec 83, the case was found to be legally sufficient.
On 3 Jan 84, the discharge authority concurred with the
commanders recommendation and directed the applicant be
furnished a general (under honorable conditions) discharge.
On 5 Jan 84, the applicant was so discharged and was credited
with 3 years and 20 days of total active service.
On 13 Jan 14, a request for post-service information was
forwarded to the applicant for review and 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 under honorable
conditions (general) discharge for Failure in Drug Abuse
Rehabilitation 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 applicants discharge based on clemency. However, in the
absence of any evidence pertaining to the applicants activities
since leaving the service, we find no basis to recommend
granting the requested relief on that basis. Therefore, in the
absence of evidence to the contrary, we conclude that no basis
exists to upgrade the applicants general 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-2013-01764 in Executive Session on 13 Feb 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Apr 13.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 13 Jan 14, w/atch.
Panel Chair
3
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