RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03865 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her dismissal from the Air Force be upgraded. ________________________________________________________________ APPLICANT CONTENDS THAT: She was charged with violations of the Uniform Code of Military Justice (UCMJ) in relation to her drug addiction. As a result of a pre-trial agreement, she was dismissed from the Air Force. After her separation, she entered an alcohol and drug treatment program specifically designed for medical professionals. She voluntarily entered the program and completed a three and a half month program as well as a two year follow-up contract. She is very active in the twelve step program and routinely attends approximately four meetings every week. She also attends Alcoholic Anonymous conventions three to four times a year. She sponsors women to help them get and stay clean and sober and gives annual lectures on alcoholism and drug addiction to the nurse anesthesia students attending a local university. She is approaching 30 years of continuous sobriety and does all she can to maintain her sobriety. She believes it is unjust to continue to be punished for violations that occurred over 30 years ago. She lost a promising career due to her actions. In the twelve step program one of the steps is to clear away wreckage of the past. Her dismissal is wreckage and she requests it be upgraded. She also believes a second injustice occurred. The American Medical Association states that alcoholism and drug addiction are diseases. At the time of her court-martial, if someone had violated the UCMJ due to an illness other than chemical dependency, they most likely would not have been court- martialed. Their disease would have been treated, and if it prevented them from functioning in the Air Force, they would have been medically retired. Should she continue to be punished for a disease which has been treated and is in remission? In support of this appeal, the applicant provides a personal statement, her DD Form 214, Certificate of Release or Discharge from Active Duty and several character statements. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force who served from 24 November 1978 through 1 July 1985. On 11 September 1984, she pled and was found guilty of signing an official document, with intent to deceive, in violation of Article 107, UCMJ and wrongful use of Fentanyl, Demerol and Morphine, in violation of Article 134, UCMJ. A military judge sitting alone sentenced her to be dismissed from the Air Force, confinement with hard labor for six months and forfeiture of $500 pay per month for six months. Pursuant to a pre-trail agreement, only so much of the sentence that provided for dismissal from the Air Force was approved. On 28 November 1984, the United States Air Force Court of Military Review affirmed the findings and sentence of the case. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that on the basis of the information provided, they were unable to locate an arrest record. ________________________________________________________________ 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. Sufficient relevant evidence has been presented to warrant the applicant a measure of relief based on clemency. Considered alone, we conclude the court-martial process, to include the adjudged sentence, were proper and appropriate at that time. Given the stigma and consequences of a court-martial conviction, an upgrade to an under other than honorable conditions discharge based on clemency in no way diminishes the message that was sent regarding the seriousness of the applicant’s conviction. However, we believe that the applicant’s 30 years of continuous sobriety, her active role in an alcohol and drug treatment program and her sponsorship for women to help them stay clean and sober provides sufficient basis to grant clemency. Therefore, we view clemency as a reasonable action that will allow the applicant to lead a productive life. Accordingly, we recommend her records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 July 1985, she was discharged with service characterized as under other than honorable conditions. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03865 in Executive Session on 13 May 2014, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, 10 Aug 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. 1