RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF:DOCKET NUMBER: BC-2011-00383 COUNSEL: NONE HEARING DESIRED: NO ____________________________________________________________ _____ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ____________________________________________________________ _____ APPLICANT CONTENDS THAT: He was an outstanding member of the Air Force. He made one mistake and has paid dearly by losing his retirement and benefits for himself and his family. His last performance report reflected he performed with the highest standards, even though he was punished and knew he was being discharged. He was not given an opportunity for rehabilitation or to finish his career with less than two years left on his enlistment. In support of his request, the applicant provides copies of documents extracted from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. ____________________________________________________________ _____ STATEMENT OF FACTS: The applicant’s military personnel records indicate the applicant contracted his initial enlistment in the Regular Air Force on 10 Aug 71 as a prior service enlistee. On 18 Jun 86, the applicant’s commander notified him that he was recommending his discharge from the Air Force for drug abuse. The specific reason for the discharge action was his receipt of an Article 15 on 30 May 86 for wrongful use of marijuana. His commander advised him of his rights in this matter. On 20 Jun 86, he acknowledged receipt of the notification of discharge and, after consulting with legal counsel, submitted a conditional waiver contingent upon receipt of a general discharge. On 22 Jul 86, the legal office reviewed the case and found it legally sufficient to support separation, and recommended the discharge authority accept the conditional waiver and discharge the applicant with a general discharge. On 11 Aug 86, the discharge authority directed the applicant be furnished a general discharge without probation and rehabilitation. He was discharged on 20 Oct 86. He was credited with 18 years, 2 months, and 10 days of active service. ____________________________________________________________ _____ 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 that occurred in the discharge process. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for misconduct was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion. He has provided no evidence which would lead us to believe his General (Under Honorable Conditions) discharge was improper or contrary to the provisions of the governing directive. We considered upgrading the discharge based on clemency; however, because of the lack of any evidence related to the applicant’s activities since leaving the service, we find no basis to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. ____________________________________________________________ _____ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2011-00383 in Executive Session on 27 Sep 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Jan 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Panel Chair