RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01010

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

Her General (Under Honorable Conditions) discharge be upgraded to 
Honorable.


APPLICANT CONTENDS THAT:

She made one mistake during an otherwise outstanding career and 
believes her character of service should not be solely based on 
one mistake.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Mar 
06.

On 12 Nov 08, the applicant received an Article 15, Nonjudicial 
Punishment, for wrongful use of marijuana.  She received a 
reduction to airman basic, forfeiture of $673 per month for two 
months and 30 days extra duty.  The forfeiture was later set-aside 
on appeal.

On 17 Feb 09, the applicant was notified by her commander he was 
recommending her for discharge for Misconduct: Drug Abuse, under 
the provisions of AFI 36-3208, Administrative Separation of 
Airmen, with a General (Under Honorable Conditions).  

On 26 Feb 09, the Staff Judge Advocate reviewed the discharge 
action and found it legally sufficient.  Additionally, the 
applicant was not eligible for Probation and Rehabilitation based 
on her drug abuse.  The discharge authority approved request same 
day.

On 6 Mar 09, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 2 years, 11 
months, and 23 days of active service.   

On 12 May 14, the applicant provided an expanded statement which 
explains what lead up to her misconduct and how the birth of her 
daughter changed her life.  She also included a letter of 
recommendation from her Peer Support Specialist, highlighting the 
changes made to her life in support of herself, her family and 
most importantly her daughter. 

On 18 Jun 14, the Federal Bureau of Investigation (FBI) indicated 
that a search of the fingerprints provided by the applicant 
revealed no future arrests after 21 May 12.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of an 
error or an injustice. 

The applicant did not provide any evidence of an error or 
injustice that occurred in the discharge processing.  The serious 
nature of her misconduct was taken into account and based on the 
fact drug use is incompatible with military service.  Pursuant to 
AFI 36-3208, Administrative Separation of Airmen, paragraph 1.18.2 
a general discharge is appropriate when significant actions of the 
airman’s conduct or performance of duty outweighs positive aspects 
of the airman’s military record. 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 22 Sep 14 for review and comment within 30 days (Exhibit D).  
As of this date, no response has been received by this office.


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 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 the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed.  In the interest of 
justice, we considered upgrading the discharge based on clemency; 
however, in the absence of any evidence related to the applicant’s 
post-service activities, there is no way for us to determine if 
the applicant’s accomplishments since leaving the service are 
sufficiently meritorious to overcome the misconduct for which she 
was discharged. Therefore, in the absence of evidence to the 
contrary, we find no basis 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-2014-01010 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 15 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 14.
	Exhibit E.  Federal Bureau of Investigation, dated 18 Jun 14.