RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00313 INDEX CODE: A94.39/40 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He has been a productive self-employed business person and has had no trouble with the law. He was guilty of failing a urinalysis test. He has not had this addiction in 25 years and would like closure on this issue. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s available military personnel records indicate he enlisted in the Regular Air Force on 15 Jun 82 and was progressively promoted to the grade of airman first class (E-3), effective and with a date of rank of 15 Jun 83. On 16 Sep 85, the applicant’s commander notified him of his intent to recommend him for discharge from the Air Force for drug abuse. The applicant subsequently acknowledged receipt of the action, consulted with legal counsel, and waived his right to submit statements on his behalf. On 2 Oct 85, the case was found to be legally sufficient and the discharge authority approved the applicant’s discharge the same day. On 7 Oct 85, the applicant was furnished a General (Under Honorable Conditions) discharge and was credited with 3 years, 3 months, and 23 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a response indicating they were unable to locate an arrest record based on the information furnished. A request for post-service information was forwarded to applicant on 19 May 10. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe otherwise. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to convince us to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists for us to recommend an upgrade to the applicant’s General (Under Honorable Conditions) discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-00313 in Executive Session on 1 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00313 was considered: Exhibit A. DD Form 149, dated 14 Jan 10. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFBCMR, dated 19 May 10, w/atch.