RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03435

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her Under Other Than Honorable Conditions Discharge (UOTHC) be upgraded to honorable.

APPLICANT CONTENDS THAT:

She was never charged or court-martialed but was required to complete the Drug Abuse Rehabilitation Program.  She spent one night in jail and then was sent home the next morning.  She was also never charged in civilian court.  She never had a positive drug test until just prior to her release from the military.  She was mourning the loss of her baby who was eight and a half months old.  The applicant provides a death certificate issued by the State of California which reflects her son was born on 28 June 1980 and date of death was 14 February 1981.   

She was not aware of the UOTHC discharge until recently.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 8 May 1979.

According to an AF Form 422, Physical Profile Serial Report, dated 18 February 1982, the applicant was found not world-wide qualified due to being in the base drug abuse rehabilitation program.  The AF Form 422 also states the applicant was a marijuana experimenter, user. 

On 25 March 1982, the applicant’s commander non-recommended her for promotion to the grade of Senior Airman (SrA, E-4).  The reason for the non-recommendation was that she was under investigation for illegal drugs and was undergoing rehabilitation in the drug rehabilitation program.     

On 13 August 1982, the applicant was discharged with a UOTHC discharge and narrative reason for separation of “Request for Discharge for the Good of the Service.”  She served three years, three months and six days of active duty service.  

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 D.    

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denial.  The applicant has not submitted a timely petition.  It has been 34 years since her discharge and she did not provide a valid reason for not submitting an earlier application within three years of the alleged error or injustice.  However, due to the excessive length of time since the discharge, the Board could grant the applicant’s request based on clemency.  If so, DP2STM recommends the Board upgrade her discharge to a general service characterization as opposed to honorable.  

Based on the documentation on file in her records, the discharge to include the character of service, Separation Program Designator (SPD) code and narrative reason for separation was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  There is no evidence of an error or injustice in the applicant’s discharge processing.

There is limited documentation in the applicant’s records.  It appears that the applicant submitted a voluntary request for discharge for the good of the service using section F, para 2-77 of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program.  Based on the presumption of regularity, the discharge authority accepted the request and directed an UOTHC discharge characterization.  Although the documentation is limited, there is a document in her records indicating she was under investigation for illegal use of drugs and was undergoing rehabilitation.  As a result, she was not recommended for promotion to the grade of SrA.

A complete copy of the AFPC/DP2STM-SEP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Shortly after graduating from high school, she joined the Air Force in 1979.  She was sent to Chanute AFB, IL for technical school where she got married.  She was then stationed at McClellan AFB, CA.  She gave birth to her son on 28 June 1980 and in February 1981, he got sick and was placed on antibiotics for an ear infection.  She took him back to the hospital but was told the doctor was taking a nap and was instructed by the nurse to continue the medication.  She did not know any better and did as she was told by medical personnel.

On 9 February, she got a call from the fire department stating they were taking her “not breathing son” to a hospital.  This was the beginning of her nightmare.  He died on 14 February 1981, Valentine’s Day.  It was the most devastating day of her life.  The marriage could not withstand the devastation of losing a child and there was no counseling or help offered.  She could not stay in California any longer as she needed to put her failed marriage and her son’s death behind her.

In April 1981, she put in for a transfer to Warner Robins AFB, GA, which is where she grew up.  She started drinking.  Her shop chief offered mental and emotional support and suggested she see a psychologist.  She sought help and was given sleeping pills.

She met her future husband and they got an apartment together.  Then in January 1982, the civilian police came to their apartment and called the military police.  They found a small quantity of marijuana and he was charged, court-martialed and sent to Fort Riley, KS for 10 months.  She was released into the custody of her first sergeant and was put in the drug rehabilitation program for six months with regular weekly random drug tests and none ever came back positive.  

She was never charged or prosecuted but was told to either get out or they would find a way to charge her.  She still drinks a lot and the doctors have told her she is self-medicating.  Her adult children tell her she can turn this around.  She still feels so strongly that she should have done something differently and not taken the medical personnel’s word.  

In 2005, her and her husband divorced.  She has attempted to make a life on her own and has been alone for 10 years.  She has panic attacks and is afraid of commitment.  She wishes she had gotten more help in dealing with the death of her son.  She felt the military she loved had turned on her.  Within a 15 month period, she lost her eight month old son, her marriage failed and she was transferred to another base.  

The applicant provides a FBI report dated 2 April 2016 which shows she was arrested on 7 May 1994 for misdemeanor Driving Under the Influence (DUI) of alcohol.  

The applicant’s complete submission, with attachment, is at Exhibit F.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  

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 this 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 not provided substantial 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.  Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as our conclusion the applicant has not sustained her burden of proof that she has been the victim of an error or injustice.  In the interest of justice, we considered upgrading the discharge based on clemency; however, we find the information presented insufficient to warrant recommending granting relief on that basis.  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-2015-03435 in Executive Session on 2 June 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 August 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 3 December 2015, w/atchs.
	Exhibit D.  Memorandum, AFPC/DP2STM-SEP, dated 13 January 
			  2016.  
	Exhibit E.  Letter, AFBCMR, dated 5 February 2016.