RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01437
INDEX CODE:  110.02
	XXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

	XXX-XX-XXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

Her general discharge be upgraded to honorable and her narrative reason for discharge be changed to something more favorable to allow for better employment opportunities.

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APPLICANT CONTENDS THAT:

She served her country for almost twelve years with only one infraction.  She regrets her mistake and has been drug-free since November 1987.  She is a single mother and would like to be able to qualify for a better paying job without being questioned about her character.  

In support of her application, she provides a personal statement, a character reference, a copy of her resume, a copy of her college transcript and certificates of training accomplishments.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 10 August 1976, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four years.  She was trained as an administration technician.  The applicant was progressively promoted to the grade of technical sergeant (E-6) effective and with a date of rank of 1 July 1987.  She received thirteen performance reports from the period 14 January 1977 through 3 June 1988, with overall ratings of six, seven, eight, consecutively for her first three performance reports and an overall rating of nine on all succeeding reports.

On 18 November 1987 the applicant confessed to cocaine and marijuana usage from 21 October 1984 to 17 November 1987.  The applicant agreed to and was allowed to work undercover for the Office of Special Investigations (OSI) to assist with drug investigations from November 1987 to June 1988.

On 27 June 1988, the applicant received a Letter of Reprimand for wrongful use of a controlled substance, cocaine.  On 18 July 1988, her commander recommended the applicant be discharged with an Under Other Than Honorable Conditions (UOTHC) Discharge under AFR 39-10, paragraph 5-49c, for misconduct-drug abuse.  The applicant acknowledged receipt, did not waive her right to an administrative discharge board or military counsel, and submitted a statement in her own behalf requesting probation and rehabilitation.  Then on 19 August 1988, after consulting with counsel, the applicant offered a conditional waiver of the rights associated with an administrative discharge board hearing, contingent on receipt of no less than a general discharge.  The applicant’s squadron commander strongly recommended approval of the conditional waiver without probation and rehabilitation.  On 26 August 1988, the wing staff judge advocate recommended acceptance of the applicant’s conditional waiver.  On 6 September 1988, her wing commander signed a recommendation to the discharge authority to accept the applicant’s conditional waiver and approval of a general discharge.  On 20 September 1988, the acting staff judge advocate on the discharge authority’s staff found the file legally sufficient and concurred with the wing commander’s recommendation.  On 21 September 1988, the discharge authority accepted the applicant’s conditional waiver and approved the applicant’s general discharge under AFR 39-10, paragraph 5-49c, without probation or rehabilitation.  The applicant was discharged effective 30 September 1988 with a general (under honorable conditions) characterization of service.  She served 11 years, 8 months and 17 days on active duty.  

On 5 July 1990, the Air Force Discharge Review Board (AFDRB) considered and disapproved the applicant’s request to upgrade her discharge to honorable.

Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation in affect at that time.  Additionally, the discharge was within the discretion of the discharge authority.  The applicant did not provide any facts warranting a change in her discharge, nor did she submit any new evidence or identify any errors or injustices that occurred in her discharge processing.  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 the applicant on 4 June 2003 for review and response (Exhibit D).  As of this date, this office has received no response.

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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 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 probable error or injustice.  The applicant did not provide persuasive evidence showing the information in the discharge case was erroneous, her substantial rights were violated, or that her commanders abused their discretionary authority.  The reason for the applicant’s separation and the characterization of her service accurately reflect the circumstances of her separation and we do not find them to be in error or unjust.  While we note the applicant’s contrition for her misconduct and the fact that since her separation, it appears she has made a successful post-service adjustment, because of the seriousness of the offenses for which the applicant was discharged, i.e., drug use over an extended period of time, and the well-publicized consequences of drug use by military members, we do not believe upgrading the applicant’s under honorable conditions discharge to fully honorable or changing the reason for her separation would be appropriate at this time.  Accordingly, the applicant’s request is not favorably considered.

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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.

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The following members of the Board considered this application in Executive Session on 13 August 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered in connection with AFBCMR Docket No. BC-2003-01437:

    Exhibit A.  DD Form 149, dated 11 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 29 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 03.

                                  
                                   Panel Chair