RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00475
		INDEX NUMBER:  100.05, 110.02

		COUNSEL:  	

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her narrative reason for separation be upgraded or modified.

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APPLICANT CONTENDS THAT:

The narrative reason for separation,”Misconduct – Drug Abuse,” has been an impediment to her personal freedom.  In the past, she has been turned down for employment because of the words in item #28 (Narrative Reason for Separation) on her DD Form 214.  She also feels this injustice has impacted her viability to be accepted to law school.

In support of her appeal, the applicant provided a personal statement, a copy of her DD Form 214, and copies of her accomplishments in her educational career.  She also provided testimonial letters from her Pastor and Professor, a credit report, and a criminal report to show she has no criminal history.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 Nov 85 for a period of 4 years in the grade of airman basic.  The record contains one airman performance report with an overall rating of “9.”

On 15 Apr 87, the applicant’s commander notified her that he was recommending that she be discharged from the Air Force for misconduct – drug abuse.  The reason for the proposed action was the applicant’s wrongful use of marijuana, as evidenced by a positive commander-directed urinalysis, for which she received a letter of reprimand on 14 Apr 87.  The applicant was advised of her rights and that a general discharge was recommended.

After consulting with counsel, applicant submitted a statement in her own behalf.  On 21 Apr 87, the Staff Judge Advocate reviewed the case and found it legally sufficient to support discharge action.  He noted that the commander directed nature of the urinalysis mandated that the urinalysis could be used to determine if the respondent was subject to discharge, but could not be used to characterize service.  In the absence of other derogatory data, applicant’s service must be characterized as honorable. 

On 22 Apr 87, the discharge authority approved the separation and directed an honorable discharge without probation and rehabilitation.

On 23 Apr 87, the applicant was honorably discharged under the provisions of AFR 39-10, (Misconduct – Drug Abuse).  She was credited with 1 year, 5 months, and 9 days of active military service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial, stating the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority and the correct narrative reason for discharge was “misconduct – drug abuse.”  Applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  She provided no facts warranting a change to the narrative reason for her separation.

A complete copy of the Air Force evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel has reiterated applicant’s contentions; further stating the applicant is not a habitual drug user, yet the effect of the narrative reason on the DD-214 has the force in effect as continuing to this day as if she was of such character and continued with such behavior.  Counsel addressed applicant’s supporting documents, stating they testify by themselves to her involvement in her community in both an industrial and spiritual capacity.  He also speaks of her educational accomplishments.  (Exhibit E)

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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.  After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.  However, we recognize the adverse impact of the applicant’s narrative reason for discharge; and while it may have been appropriate at the time, we believe in light of the unusual circumstances of this case that it would be an injustice for the applicant to continue to suffer its effects.  In consideration of the applicant’s achievements since her discharge in particular her distinctive post-service educational accomplishments, and no evidence that she has had any subsequent involvement of a derogatory nature since her separation from the Air Force, we believe that corrective action is appropriate on the basis of clemency.  Accordingly, we recommend that her records be corrected to the extent indicated below. 

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 23 April 1987, she was discharged under the provisions of AFR-39-10, paragraph   1-2 (Directed by Secretary of the Air Force), with a Separation Program Designator (SPD) Code of JFF.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00475 in Executive Session on 24 Jun 04, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Oct 03, w/atchs
     Exhibit B.  Applicant's Master Personnel Records
     Exhibit C.  Letter, AFPC/DPPRS, dated 9 Mar 04
     Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04
     Exhibit E.  Counsel’s Statement, dated 23 Apr 04

                                   Panel Chair

AFBCMR BC-2004-00475

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 23 April 1987, she was discharged under the provisions of AFR 39-10, paragraph 1-2 (Directed by Secretary of the Air Force), with a Separation Program Designator (SPD) Code of JFF.

		Director
		Air Force Review Boards Agency