RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03384 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He has lived with the mistake he made for the last 26 years and deserves to receive credit for the good time he served on active duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 12 Aug 85. On 12 Jun 87, the applicant’s commander notified him that he was recommending his discharge for drug abuse. The reason for the action was that the applicant wrongfully used marijuana, for which he received nonjudicial punishment (NJP) action under Article 15 of the Uniform Code of Military Justice (UCMJ). On 10 Jul 87, the applicant was furnished a general (under honorable conditions) discharge and was credited with 1 year, 10 months, and 29 days of total active service. On 28 Mar 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 process. Based on the available evidence of record, it appears the applicant’s general (under honorable conditions) discharge for drug abuse was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion. He has provided no evidence which would lead us to believe otherwise. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to his accomplishments since leaving the service, there is no way we can determine if his post-service accomplishments overcome the misconduct for which he was discharged. Therefore, in view of the above, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s general discharge. ________________________________________________________________ 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-2013-03384 in Executive Session on 29 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03384 was considered: Exhibit A. DD Form 149, dated 13 Jul 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFBCMR, dated 28 Mar 14. 1 2