RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-1999-00896
		INDEX CODE:  A60.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her general discharge be upgraded to honorable.

Her narrative reason for discharge be changed to “Time Served,” or something other than “Misconduct.”

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APPLICANT CONTENDS THAT:

All of her service time was honorable.  There was no evidence of misconduct.  She received the Air Force Good Conduct Medal (AFGCM) and the Air Force Achievement Medal (AFAM) and was allowed to reenlist.

In support of her appeal, the applicant provided extracts from her military personnel records.

Applicant’s complete submission is at Exhibit A.

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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.  On 1 Jul 93, she reenlisted for a period of four years.  Prior to the events under review, she was progressively promoted to the grade of senior airman.

Applicant’s Enlisted Performance Report (EPR) profile follows:

	PERIOD ENDING	 EVALUATION

	 6 Feb 92		4
	 6 Feb 93		3
	 6 Feb 94		3

An Air Force Office of Special Investigations (AFOSI) Report of Investigation, dated 28 Jun 94, indicated that the applicant was investigated by the AFOSI for possession and use of controlled substances (hashish and marijuana).  She was interviewed by the AFOSI on 21 Jun 94.  After being advised of her rights, the applicant provided a signed, sworn statement wherein she outlined her use of hashish at XXXXX XXXXX Air Base, XXXXX in Jul 93.  She also admitted using marijuana at a concert in 1990 or 1991 while stationed in California.

On 17 Nov 94, the applicant’s squadron section commander notified her that she was recommending the applicant be discharged for drug abuse.  The applicant was advised of her rights in the matter and that a general discharge would be recommended.

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 8 Dec 94, the discharge authority approved the discharge action and directed that the applicant be furnished a general discharge.

On 9 Dec 94, the applicant was discharged under the provisions of AFI 36-3208 (Misconduct) and furnished a general discharge.  She had served 4 years, 6 months and 3 days on active duty.

On 12 Nov 98, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for upgrade of her general discharge to honorable and change of her narrative reason for separation.

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AIR FORCE EVALUATION:

The Separations Branch, AFPC/DPPRS, reviewed this application and recommended denial.  According to DPPRS, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  The applicant was provided full and administrative due process and the records indicated her military service was reviewed and appropriate action was taken.  In the opinion of DPPRS, the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  The applicant provided no facts warranting an upgrade of the discharge she received or a change in the reason for her separation.

A complete copy of the DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 2 Aug 99 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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 probable error or injustice.  The evidence of record indicates that the applicant was discharged for misconduct, with a general characterization of service.  There is no indication in the evidence provided that the applicant’s discharge was improper or contrary to the provisions of the Air Force Instruction under which it was effected.  Therefore, in the absence of evidence that the applicant's substantial rights were violated, that the information contained in the discharge case file was erroneous, or that her superiors abused their discretionary authority, we find no basis to act favorably on the applicant’s request for upgrade of her general discharge to honorable.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 2 Dec 99, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 29 Jun 99.
    Exhibit D.  Letter, SAF/MIBR, dated 2 Aug 99.