RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01392 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was unjust because of his family and personal hardships. No supporting documentation was submitted. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was discharged as unsuitable under the provisions of Air Force Manual 39-12, Separation for Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation or Request for Discharge for the Good of the Service; and Procedures for the Rehabilitation Program. The relevant facts pertaining to the applicant’s discharge are contained in the discharge case file at Exhibit B. Accordingly, there is no need to recite these facts in this Record of Proceedings. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 10 Jun 11, a copy of the FBI report and a request for post-service information was forwarded to the applicant for review and comment within 30 days, as of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct. In addition, in view of the contents of the FBI Report of Investigation record, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ 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 this application in Executive Session on 26 Jan 12, under the provisions of AFI 36- 2603: The following documentary evidence was considered in BC-2011- 01392: Exhibit A. DD Form 149, dated 11 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation, 17 May 2011. Exhibit D. Letter, AFBCMR, dated 10 Jun 11.