RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00943 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He was informed that after being discharged his character of service would be upgraded. The applicant provides no supporting documentation. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 8 December 1981. The applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-31. The specific reasons were positive urinalysis for the use of marijuana on 1 March 1983, 16 August 1983, and on 19 August 1983. He was advised of his rights in this matter and acknowledged receipt of the notification. After consulting with counsel, the applicant submitted a statement in his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendations and directed discharge with a general (under honorable conditions) discharge. The applicant was discharged on 21 October 1983. He served 1 year, 10 months and 14 days on active duty. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C. On 17 May 2010, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities were forwarded to the applicant for review and response 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 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 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 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 provided no 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, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. _________________________________________________________________ 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-2010-00943 in Executive Session on 13 October 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00943 was considered: Exhibit A. DD Form 149, dated 22 February 2010. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Federal Bureau of Investigation Report. Exhibit D. Letter, AFBCMR, dated 17 May 2010.