RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00401 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge and his narrative reason for separation (Misconduct - Drug Abuse) be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: He was legally prescribed the drug Prozac by his physician. He did not abuse the medication, but took it as prescribed. In support of his request, the applicant provides a copy of his prescription for Prozac. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 24 July 2007. The applicant was notified by his commander on 27 March 2008, of his intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, chapter 5, section H, paragraph 5.54. The specific reason was the applicant did on or about 17 December 2007, wrongfully possess a prescription medication (Prozac), without a valid prescription. He received nonjudicial punishment under the provisions of Article 15, UCMJ. His punishment consisted of a reduction to the grade of airman basic. He was advised of his rights in this matter and acknowledged receipt of the notification on that same date. The applicant elected not to consult with counsel and elected not to submit statements in his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. On 4 April 2008, the discharge authority concurred with the recommendations and directed a general (under honorable conditions) discharge. The applicant was discharged on 10 April 2008. He served 8 months and 17 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states the applicant submitted a copy of what appears to be a Wal-Mart prescription which is not legible. However, as part of an investigation, the 81st Security Forces Investigations, per memorandum dated 20 February 2008, requested a copy of the applicant’s medical records. The applicant’s medical records did not reveal he was legally prescribed the drug Prozac, nor did the applicant provide proof of a prescription during his Article 15 action or subsequent administrative discharge action. The applicant has not provided sufficient evidence, e.g., medical records, or a notarized statement from his physician that substantiates that he was legally prescribed Prozac. Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The DPSOS complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 1 October 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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 the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2010-00401 in Executive Session on 2 November 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00401 was considered: Exhibit A. DD Form 149, dated 29 October 2010, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Letter, AFCP/DPSOS, dated 31 August 2010. Exhibit D. Letter, AFBCMR, dated 1 October 2010.