RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04493
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded. 

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APPLICANT CONTENDS THAT:

The applicant makes no contentions.

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

His complete submission, with attachment, is at Exhibit A. 

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STATEMENT OF FACTS:

On 1 Feb 1994, the applicant enlisted in the Regular Air Force.

On 19 Dec 1994, his commander notified him he was recommending 
he be discharged under the provisions of AFI 36-3208, 
Administrative Separation of Airmen, for drug abuse.  The 
specific reason for his action is reflected in the Notification 
Memorandum at Exhibit B.

On 19 Dec 1994, the applicant acknowledged receipt of the 
discharge notification.

On 5 Jan 1995, the Staff Judge Advocate found the discharge 
legally sufficient.

On 11 Jan 1995, the applicant was discharged from the Air Force, 
with a service characterized as under other than honorable 
conditions.  He served 11 months and 11 days of total active 
service.

On 3 Jun 2013, 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 C).

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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.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, we do not find the evidence presented is 
sufficient to compel us to recommend granting the relief sought 
on that basis.  Therefore, in the absence of evidence to the 
contrary, we find no basis upon which to recommend granting the 
relief sought in this application.

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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.

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?
The following members of the Board considered this application 
in Executive Session on 16 Jul 2013, under the provisions of AFI 
36-2603:

     , Panel Chair
     , Member
     , Member

The following documentary evidence was considered in AFBCMR BC-
2012-04493:

    Exhibit A.  DD Form 149, dated 24 Sep 2012, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 3 Jun 2013, w/atch.