RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01823 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She would like her general (under honorable conditions) discharge 
be upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She does not believe she should be punished the rest of her life 
for a pattern of minor disciplinary infractions. 

 

In support of her request, the applicant provides a copy of her 
resume, a copy of her DD Form 214, Certificate of Release or 
Discharge from Active Duty, and excerpts from her military 
records. 

 

Her complete submission, with attachments, is attached. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 9 Jul 80. 
Her commander notified her on 6 Sep 83, he was recommending her 
for a general discharge for failing to provide a urine specimen 
in violation of the Uniform Code of Military Justice (UCMJ), 
Article 92. For this offense, she was punished under Article 15 
on 2 Aug 83; reduced to the grade of airman first class, ordered 
to forfeit $170.00, and ordered to perform seven days extra duty. 
On 31 Jul 83, she wrongfully used marijuana, in violation of the 
UCMJ, Article 134. For this offense, she was punished under 
Article 15 on 31 Aug 83; reduced to the grade of airman basic, 
ordered to forfeit $250.00, and ordered to perform 14 days extra 
duty. The applicant acknowledged receipt of the discharge 
notification. After a legal review, the acting staff judge 
advocate found it legally sufficient. She was counseled and 
submitted a statement on her own behalf. She received a general 
discharge on 22 Dec 83 after serving 3 years, 5 months, and 
14 days on active duty. 

 

On 21 Oct 85, the applicant appealed to the Air Force Discharge 
Review Board (AFDRB); however, the AFDRB denied her request. 


 

Pursuant to the Board's request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, was unable to identify 
an arrest record on the basis of information furnished. 

 

_________________________________________________________________ 

 

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 error or injustice. We took notice 
of the applicant's complete submission 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 
available 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 her 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 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 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. 

 

_________________________________________________________________ 

 

 

 

 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-01823 in Executive Session on 30 Aug 11, under the 
provisions of AFI 36-2603: 


 


 

The following documentary evidence was considered: 

 

 DD Form 149, dated 13 May 11, w/atchs.