RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01010
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her General (Under Honorable Conditions) discharge be upgraded to
Honorable.
APPLICANT CONTENDS THAT:
She made one mistake during an otherwise outstanding career and
believes her character of service should not be solely based on
one mistake.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 14 Mar
06.
On 12 Nov 08, the applicant received an Article 15, Nonjudicial
Punishment, for wrongful use of marijuana. She received a
reduction to airman basic, forfeiture of $673 per month for two
months and 30 days extra duty. The forfeiture was later set-aside
on appeal.
On 17 Feb 09, the applicant was notified by her commander he was
recommending her for discharge for Misconduct: Drug Abuse, under
the provisions of AFI 36-3208, Administrative Separation of
Airmen, with a General (Under Honorable Conditions).
On 26 Feb 09, the Staff Judge Advocate reviewed the discharge
action and found it legally sufficient. Additionally, the
applicant was not eligible for Probation and Rehabilitation based
on her drug abuse. The discharge authority approved request same
day.
On 6 Mar 09, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 2 years, 11
months, and 23 days of active service.
On 12 May 14, the applicant provided an expanded statement which
explains what lead up to her misconduct and how the birth of her
daughter changed her life. She also included a letter of
recommendation from her Peer Support Specialist, highlighting the
changes made to her life in support of herself, her family and
most importantly her daughter.
On 18 Jun 14, the Federal Bureau of Investigation (FBI) indicated
that a search of the fingerprints provided by the applicant
revealed no future arrests after 21 May 12.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of an
error or an injustice.
The applicant did not provide any evidence of an error or
injustice that occurred in the discharge processing. The serious
nature of her misconduct was taken into account and based on the
fact drug use is incompatible with military service. Pursuant to
AFI 36-3208, Administrative Separation of Airmen, paragraph 1.18.2
a general discharge is appropriate when significant actions of the
airmans conduct or performance of duty outweighs positive aspects
of the airmans military record.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 22 Sep 14 for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
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 an 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 the interest of
justice, we considered upgrading the discharge based on clemency;
however, in the absence of any evidence related to the applicants
post-service activities, there is no way for us to determine if
the applicants accomplishments since leaving the service are
sufficiently meritorious to overcome the misconduct for which she
was discharged. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought.
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-2014-01010 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 15 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 22 Sep 14.
Exhibit E. Federal Bureau of Investigation, dated 18 Jun 14.
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