RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04246 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: The record is correct. He requests an honorable discharge based on his service prior to his misconduct. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 16 October 1981. On 5 February 1985, the applicant was notified of his commander’s intent to discharge him from the Air Force for drug abuse. Specifically, between 11 August 1984 and 10 September 1984, he wrongfully used marijuana. The applicant acknowledged his commander’s intent, his right to legal counsel, to present his case before an administrative discharge board and to submit statements on his behalf. He also acknowledged his right to waive the aforementioned rights. The applicant waived his right to an administrative discharge board and submitted a statement for his commander’s consideration after consulting with counsel. On 25 February 1985, the staff judge advocate found the discharge legally sufficient and recommended the commander discharge the applicant with a general discharge. On 4 March 1985, the commander approved the discharge and directed he be separated with a general discharge. The applicant was separated on 5 March 1985 with a general (under honorable conditions) discharge. On 27 March 2013, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit C). As of this date, no response has been received by this office. 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 during the discharge process. 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, or unduly harsh. In the interest of justice, we considered upgrading the applicant’s discharge on the basis of clemency, however, there was no evidence submitted to compel us to recommend granting the request on that basis. 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 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-2012-04246 in Executive Session on 8 May 2013, under the provisions of AFI 36-2603: Vice Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04246 was considered: Exhibit A. DD Form 149, dated 5 Sep 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBC, dated 27 Mar 13.