RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01137 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He admits he made mistakes. He apologizes and wishes he could take them all back. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 24 Oct 84, the applicant commenced his enlistment in the Regular Air Force. On 1 Oct 87, the applicant’s commander notified him he was recommending his discharge from the Air Force for drug abuse. The reason for the action was an investigation by the Air Force Office of Special Investigation (AFOSI) revealed the applicant used marijuana on several occasions while assigned to Elmendorf AFB. Specifically, on 27 Mar 87, the applicant confessed in writing and his confession was corroborated by a statement from another airman on 6 Apr 87. On 15 Oct 87, the applicant acknowledged receipt of the action and, after consulting with legal counsel, waived his right to submit a statement in response to the action. On 15 Oct 87, the legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be furnished a general discharge without probation and rehabilitation. The discharge authority directed the applicant be furnished a general discharge and the applicant was so discharged on 16 Oct 87 and was credited with 2 years, 11 months, and 25 days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or injustice. The documentation in the applicant’s master personnel records indicates 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 has not provided any evidence identifying errors or injustices in the processing of his discharge. He has provided no facts warranting a change to his character of service. A complete copy of the AFPC/DPSID 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 19 May 13 for review and comment within 30 days (Exhibit D). 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 an 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. Notwithstanding the above, we note the applicant did not provide any information pertaining to his activities since leaving the service. However, should he provide evidence supporting a successful post-service adjustment that we could review to determine whether or not his post-service accomplishment overcome the misconduct for which he was discharged, we would be inclined to reconsider his request based on new evidence. 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 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-2013-01137 in Executive Session on 10 Dec 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Mar 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSOR, dated 1 May 13. Exhibit D. Letter, SAF/MRBR, dated 19 May 13. Panel Chair