RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04732 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: She is a hard working, productive member of the community and a respectable citizen. She has been married for over 27 years and has two grown children. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 20 Jul 77, the applicant contracted her enlistment in the Regular Air Force. On 21 Nov 83, the applicant’s commander notified her that she was recommending her discharge from the Air Force for drug abuse. The specific reason for the discharge action was the applicant received an Article 15 for wrongful possession and use of marijuana. She was advised of her rights and, after consulting with legal counsel, submitted a conditional waiver contingent upon receipt of a general discharge. The legal office reviewed the case and found it legally sufficient and recommended approval of the applicant’s request for a conditional waiver. On 17 Feb 84, the discharge authority accepted the applicant’s conditional waiver and directed her discharge with a general (under honorable conditions) character of service, without probation and rehabilitation. She was discharged on 24 Feb 84. She served six years, seven months, and four days of active service. On 31 Jan 11, the Board staff requested the applicant provide documentation concerning her activities since leaving military service (Exhibit C). In response, the applicant states she has worked as a pharmacy clerk, has over 25 years of experience, and received her pharmacy technician license. She was voted employee of the year for Kaiser Permanente Hospital/Pharmacy of Southern California. She has no criminal record nor has she ever been incarcerated. The applicant’s complete response, with attachments, is at Exhibit D. _________________________________________________________________ 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 injustice. We took notice of the applicant's complete submission, to include her rebuttal, in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04732 in Executive Session on 16 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Nov 10. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, AFBCMR, dated 31 Jan 11, w/atch. Exhibit D. Letter, Applicant, undated, w/atchs.