RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00378 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ______________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed. ______________________________________________________________ APPLICANT CONTENDS THAT: His drug tests were not done properly. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ______________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 14 May 1982 to 26 July 1984. On 12 June 1984, the applicant was notified of his commander’s intent to recommend him for a general (under honorable conditions) discharge under the provisions of Air Force Regulation 39-10, paragraph 5-49c, for wrongful use of marijuana on diverse occasions during the period from about 1 June 1983 to about 1 March 1984. The applicant acknowledged receipt, consulted counsel, and submitted a statement in his own behalf. After considering the applicant’s submission, his commander recommended the applicant be discharged. On 6 July 1984, after the Acting Staff Judge Advocate found the case to be legally sufficient, the discharge authority approved the recommended discharge without probation or rehabilitation. The applicant was discharged in the grade of airman (E-2) on 26 July 1984 with a general (under honorable conditions) characterization of service and a narrative reason for discharge of “Misconduct – Drug Abuse.” ______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. DPSOR indicates the applicant asserts his drug test was not conducted properly; however, one Air Force member was interviewed by the Office of Special Investigations (OSI) and provided a signed sworn statement in which he admitted smoking cannabis with the applicant. The government evidence shows the applicant wrongfully used marijuana. DPSOR states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant did not submit any evidence or identify and errors or injustices in the discharge processing. He provided no facts warranting a change to his reason for discharge. The complete 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 8 April 2014, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ______________________________________________________________ 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 agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that 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 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-2013-00378 in Executive Session on 17 October 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-00378: Exhibit A. DD Form 149, dated 24 Nov 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 27 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 8 Apr 13. 2 3