RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02764 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His narrative reason for separation reflects “drug abuse”. He was never found guilty of drug abuse. He states that charges were illegally stacked against him. He believes that his narrative reason for separation is hindering him from finding employment. The applicant provides no additional documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 30 January 1984. The applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFR 39-10 (Misconduct - Drug Abuse). Specifically, the applicant received an Article 15 for wrongfully attempting to use cocaine. He was advised of his rights in this matter and after consulting with counsel, the applicant submitted a conditional waiver requesting a general discharge. In a legal review of the case file, the acting staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed a general discharge. The applicant was discharged on 12 December 1986. He served 2 years, 10 months, and 13 days on active duty. On 4 September 1997, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request that his general discharge be upgraded to honorable. ________________________________________________________________ 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, based on the evidence before us, we find no basis to grant clemency at this time. Therefore, in the absence of evidence to the contrary, we find no basis upon which 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 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-2013-02764 in Executive Session on 6 February 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 June 2013. Exhibit B. Applicant’s Available Master Personnel Records. 2 3 4