RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04760 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: He was injured while on active duty. He is a 20 percent disabled veteran. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 17 Sep 85, the applicant commenced his enlistment in the Regular Air Force. On 10 Jan 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 action was the applicant wrongfully used marijuana as evidenced by his positive drug test result. On 10 Jan 86, the applicant acknowledged receipt of the action, his right to consult with legal counsel, and submit statements in his own behalf and, on 13 Jan 86, he waived his right to submit statements. On 21 Jan 86, the case was found legally sufficient and, on 17 Jan 86, the discharge authority directed the applicant be furnished a general (under honorable conditions) discharge. On 5 Feb 86, the applicant was furnished a general (under honorable conditions) discharge with a narrative reason for separation of “Misconduct – Drug Abuse.” He was credited with 4 months and 19 days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s request to change his narrative reason for discharge, indicating there is no evidence of an error or injustice. Based on the documentation on file in the master personnel records, the discharge to include the service characterization was appropriately administered and within the discretion of the discharge authority. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge and has provided no facts warranting a change to his narrative reason for separation. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 Dec 12 for review and comment within 30 days. As of this date, no response has been received by this office (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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of 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 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-2012-04760 in Executive Session on 4 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 10 Dec 12. Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.