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AF | BCMR | CY2014 | BC 2014 01740
Original file (BC 2014 01740.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-01740
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

The Nonjudicial Punishment (NJP) under Article 15 imposed on 
28 Apr 14 be set aside.


APPLICANT CONTENDS THAT:

Her Article 15 should be set aside because her treatment during 
the case was unfair and unjust and maintains her innocence 
regarding the incident.

Her case involved her and her roommate.  She pled not guilty to 
the charges and appealed the Article 15; however, her appeal was 
denied.  Then, she was notified of administrative discharge 
action, while her roommate received an honorable discharge due to 
mental health reasons.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 14 Mar 14, the applicant was offered nonjudicial punishment 
under Article 15, Uniform Code of Military Justice (UCMJ).  She 
was charged with, between on or about 7 Jan and 7 Feb 14, for 
wrongful use of oxycodone in violation of Article 112a, UCMJ.  The 
applicant was afforded the opportunity to consult with defense 
counsel, accepted the Article 15 and waived her right to demand 
trial by court-martial.  She elected to present written matters 
and requested a personal appearance before the commander.  On 3 
Apr 14, the commander decided that the applicant had committed the 
offense alleged.  The commander imposed punishment consisting of a 
forfeiture of $765.00 pay per month for two months.  On 8 Apr 14, 
the applicant appealed the commander's decision and sought to have 
the Article 15 set aside.  However, her appeal was denied.  On 
15 Apr 14, the Article 15 action was reviewed and determined to be 
legally sufficient.  

On 30 May 14, the applicant was discharged with service 
characterized as general, under honorable conditions, in the grade 
of airman first class (A1C/E-3).  She was credited with 7 months 
and 23 days of active service.


AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial indicating there is no evidence of an 
error or an injustice.  

JAJM notes, the applicant claimed in her appeal letter that she 
ingested a pill from her roommate, which she believed to be a 
common painkiller such as Ibuprofen, and that she did not 
knowingly take a Percocet pill.  After taking a random drug 
urinalysis test in Feb 14, the Air Force Drug Testing Laboratory 
reported in Mar 14, the applicant tested positive for oxycodone, 
the active ingredient in Percocet.  After carefully reviewing the 
record and the package submitted by the applicant, JAJM cannot 
find good cause to reverse or otherwise change the commander's 
decision, even after considering the information provided by the 
applicant that she did not knowingly take the Percocet pill.  In 
this case, the applicant's commander was in the best position to 
review the evidence presented at the time of the Article 15, and 
to determine the veracity of such evidence.  The applicant had 
consulted counsel and accepted the Article 15.  Furthermore, the 
applicant appealed the Article 15, and the Appellate Authority, 
after considering all of the evidence upheld the Article 15.  

JAJM did not find any facts indicating any irregularities with the 
Article 15 process.  If the applicant disagreed with the 
misconduct allegations she could have turned down the 
Article 15 and gone to trial, but she chose not to do so at the 
time.

The complete JAJM 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 27 Jun 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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an injustice regarding the 
applicant’s request that her Article 15 be set aside.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the requested relief.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an injustice to 
warrant corrective action.  In this respect, while we believe the 
Article 15 action taken against the applicant was in accordance 
with the applicable governing instructions; nonetheless, after a 
thorough review of the facts and circumstances of this case, we 
find the applicant’s character of service and reason for 
separation, to be overly harsh.  The available evidence indicates 
this was a one-time incident that ultimately resulted in her 
separation, and while we do not condone the applicant’s action, in 
our view, the applicant more than likely would not have repeated 
the incidents which led to her discharge.  Therefore, in order to 
correct the injustice of improperly characterizing the applicant, 
we believe her character of service should be upgraded to 
honorable and her narrative reason for separation should be 
changed to “Secretarial Authority.”  Accordingly, we recommend the 
applicant’s record be corrected to the extent indicated below.  


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT be corrected to show that on 30 May 14, 
she was honorably discharged under the provisions of AFI 36-3208, 
paragraph 1.2., (Secretarial Authority) with a separation code of 
“KFF.”


The following members of the Board considered AFBCMR Docket Number 
BC-2014-01740 in Executive Session on 11 Mar 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2014-01740 was considered:

	Exhibit A.  DD Form 149, dated 24 Apr 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFLOA/JAJM, dated 11 Jun 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jun 14.

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