RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01283

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The narrative reason for separation and corresponding separation code on her DD Form 214, Certificate of Release or Discharge from Active Duty, be removed.

APPLICANT CONTENDS THAT:

Her reason for separation could not have been for “Misconduct-Drug Abuse” since she received an honorable service characterization.  The applicant’s complete submission, with attachment is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 11 July 1979.

On 23 May 1984, the applicant was notified of her commander’s intent to recommend that she be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, with a general (under honorable conditions) character of service.  The reason for this action was for misconduct (drug abuse), as evidenced by her admission to three separate individuals that she had used marijuana on diverse occasions during the period March 1984 to April 1984.

On 23 May 1984, the applicant acknowledged receipt of the discharge notification.

On 15 June 1984, the staff judge advocate found the discharge action legally sufficient, and recommended the applicant be discharged with a general (under honorable conditions) discharge, without probation and rehabilitation.

In an undated memorandum, the discharge authority determined that the applicant’s wrongful use of illegal drugs was inconsistent with continued retention and directed that she be discharged with an honorable character of service, without probation and rehabilitation.

On 29 August 1984, the applicant was discharged from active duty with an honorable character of service.  Her separation code and corresponding narrative reason for separation is JKK (Misconduct-Drug Abuse) and she is credited with 5 years and 1 month of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The applicant was discharged under the provisions of AFR 39-10, paragraph 5-49 (Misconduct: Drug Abuse).  The discharge authority did not specify why he decided to grant the applicant an honorable service characterization as opposed to the twice-recommended general service characterization; however, the record clearly indicates that the applicant was discharged for drug abuse.  Therefore, the separation code and corresponding narrative reason for separation is correctly indicated on her DD Form 214.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 December 2017 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-01283 in Executive Session on 12 July 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 15 May 2017
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 4 December 2017
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 15 December 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.