RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05381 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: During the contested time period, it was alleged that he smoked marijuana. He submitted to a drug test which resulted in a negative finding. He was very scared and hastily accepted the discharge. In support of the applicant’s appeal, he provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 2 February 1993. The applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10. The specific reason was the applicant did on or about 2 October 1993 wrongfully use marijuana. He received punishment under Article 15, Uniform Code of Military Justice on 22 November 1993. He was advised of his rights in this matter and after consulting with counsel the applicant elected to submit a statement on his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed the applicant be discharged. The applicant was discharged on 27 January 1994 with a general (under honorable conditions) discharge. He served 11 months and 26 days on active duty. ________________________________________________________________ _ 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. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought. Notwithstanding the above, we note the applicant did not provide any information pertaining to his activities since leaving the service. If he can provide evidence supporting a successful post-service adjustment, we would be inclined to reconsider his appeal as a matter of clemency. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2012-05381 in Executive Session on 22 August 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 November 2012, w/atch. Exhibit B. Applicant’s Available Master Personnel Records. 2 3