. RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01206 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge (UOTHC) be upgraded to honorable or general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: He did not use drugs but confessed to smoking marijuana in an effort to protect his wife. The drug test he was administered show that he did not use drugs. He was never in any other trouble and served proudly. In support of the application, the applicant provides a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force as an airman basic on 22 Jan 82 for a term of four years, and was progressively promoted to the grade of sergeant. On 3 Jul 90, he was notified by his commander that he was recommending he be discharged from the Air Force for drug abuse. The commander cited the applicant’s wrongful use and possession of marijuana on 1 Mar 90 and 13 Apr 90. The applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel waived his right to an administrative discharge board and to submit statements in his own behalf. The base legal office reviewed the case and found it legally sufficient to support the discharge. The discharge authority approved the separation and directed he be discharged with a UOTHC discharge. On 15 Aug 90, he was separated, under the provisions of AFR 39- 10, Administrative Separation of Airmen, for Misconduct-Drug Abuse. He completed a total of 7 years, 11 months and 20 days of active service. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report, which is at Exhibit C. On 14 Oct 10, a copy of the FBI report was provided to the applicant for review and comment within 30 days. He was also notified of his right to submit post-service documentation to support his request (Exhibit D). The applicant states that he has changed his life around, he is a productive member of society, and has been married for over 25 years. He assists veterans at the local American Legion where he is a member. He is only able to submit one letter of support on his behalf due to the short notice to provide post-service support and job requirements that require him to travel. Regarding his arrest, after notification of the death of a close friend, he and his wife started drinking. Subsequently, after an argument with his wife, he was arrested for verbal abuse. He no longer consumes alcohol and has been a standup citizen. The applicant’s complete response, with attachment, is at Exhibit E. _________________________________________________________________ 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 applicant’s UOTHC 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 the characterization of his service was improper or contrary to the provisions of the governing regulation. We considered upgrading the discharge based on clemency; however, because of the limited documentation concerning his activities since leaving the service, we are not inclined to recommend upgrading his discharge based on clemency at this time. In view of the foregoing, and in the absence of sufficient 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 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 Docket Number BC- 2010-01206 in Executive Session on 16 Dec 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Mar 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 13 Oct 10, w/atchs. Exhibit E. Letter, Applicant, undated, w/atch. Panel Chair