RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02664
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED: NO 

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APPLICANT REQUESTS THAT:

Her bad conduct discharge (BCD) be upgraded to honorable.

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APPLICANT CONTENDS THAT:

She was raped in March 1991, while attending Technical School.  She did not report the rape because she thought it was her fault.  She does not know how the rape happened but believes she may have been drugged.  After the incident, she developed an excessive use of drugs and alcohol.  However, she continued to do a good job and was once awarded Base Airman of the Quarter.  A year before she was scheduled to separate from the military, she requested help from a psychologist after an attempt to commit suicide.  She never told the psychologist about the rape.  

Because of counseling and drug rehabilitation, she has been sober and drug free for 12 months.  She has learned that the rape was not her fault.  If she had received proper counseling while in military service, she could have continued her career.  She has requested local VA counseling for Military Sexual Trauma (MST) and Post-Traumatic Stress Disorder (PTSD).

In support of her application, the applicant submits her DD 214 and an Application for the Review of Discharge or Dismissal from the Armed Forces of the United States (DD Form 293).  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 9 Nov 90.  

A resume of her Enlisted Performance Reports (EPRs) follows:

	Closeout Date			Overall Rating

	8 Jul 93	2
	4 Mar 93	2
	4 Mar 94	4

On 16 Feb 95, the applicant was tried by a general court-martial and found guilty under Article 112a of the Uniform Code of Military Justice (UCMJ) for wrongful use of methamphetamine on divers occasions between on or about 1 Mar 94 and on or about 31 Jul 94.  

The applicant was sentenced to a BCD, two months hard labor without confinement, forfeiture of $500 pay per month for two months and reduction to airman basic.

The sentence was affirmed in Special Order No. 19 on 16 Feb 95, and the applicant was discharged on 29 Sep 95.  She had served 4 years, 11 months and 21 days on active duty.

In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. 

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AIR FORCE EVALUATION:

HQ AFOLA/JAJM recommends denial.  JAJM states the applicant tested positive for methamphetimamine during a random urine test.  Although she initially denied use of methamphetamine in a signed, sworn statement, an investigation revealed she had previously admitted such use to coworkers, who had also noted behavior consistent with use of methamphetamine, commonly known as "speed" or "crank."  She incidentally admitted to sometimes drinking one-and-a-half to two bottles of cough syrup at a time, and ingesting large quantities of an over-the-counter asthma medication known as "mini-thins" with ephedrine, to get "wired."  The applicant received Article 15 punishment for larceny and had been diagnosed with a personality disorder and an adjustment disorder with depressed mood.  

The applicant provides no justification for her request and clemency is not warranted in this case.  JAJM opines while the applicant's drug and alcohol abuse may have begun while she was in the Air Force, these were behaviors in which she voluntarily engaged.  The Air Force clearly prohibited such behavior and provided counseling and other services to help her resist such self-destructive behavior.  Although she presents herself as a victim of circumstances, implicitly placing blame on the Air Force, she does not dispute her guilt.

JAJM concludes the applicant's sentence was well within legal limits and was an appropriate punishment for the offense committed.  

The complete JAJM 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 16 Nov 07 for review and comment within 30 days.  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 an error or an injustice.  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 that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 7 May 2008, under the provisions of AFI 36‑2603:

The following documentary evidence was considered in AFBCMR BC-2007-02664:

    Exhibit A.  DD Form 149, dated 14 Sep 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 22 Oct 07.
    Exhibit D.  Letter, HQ SAF/MRBR, dated 16 Nov 07.