RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00190
			COUNSEL:  NONE
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to a general (under honorable conditions) discharge.


APPLICANT CONTENDS THAT:

He was an active addict during his service time and did not know 
about this addiction to drugs and alcohol until he was over 40.  
He has since been through several Substance Abuse Programs 
(SAPs) and Rehabilitation Centers in order to understand these 
addictions and change his life.

The applicant believes that the Board should find it in the 
interest of justice to consider his untimely application because 
he has attended the various rehabs, schools and work.
  
The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 8 Nov 73, the applicant enlisted in the Regular Air Force.

On 5 Feb 74 he was tried and convicted by a Special Courts-
Martial for being absent, without authority from his 
organization from 2 Dec 73 to 8 Jan 74.  The applicant received 
three Articles 15, Uniform Code of Military Justice (UCMJ), 
punishment for failure to repair on 26 Jul 74, 31 Jul 74 and 9 Aug 74.  
Additionally, he was arrested on 15 Aug 74 by civil authorities for 
disorderly conduct.  
On 27 Aug 74, his commander notified him that he was 
recommending he be discharged under the provisions of AFM 39-12, 
Separation for Unsuitability, Misconduct, Personal Abuse of 
Drugs; Resignation or Request for Discharge for the Good of the 
Service; and Procedures for the Rehabilitation Program, chapter 
2, section B, paragraph 2-15a, dated 21 Oct 1970 for his 
frequent discreditable involvement with military and civil 
authorities.  
He waived his right to a hearing before an administrative 
discharge board and did not submit statements in his own behalf.

On 13 Sep 74, the applicant was discharged under other than 
honorable conditions and issued an undesirable discharge 
certificate for unfitness.  He was credited with 5 months and 
12 days of active service. 

On 28 Apr 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 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 during the discharge process.  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 characterization of the 
applicant’s discharge based on clemency; however, after 
considering his overall record of service, the infractions which 
led to his administrative separation and the lack of post-
service documentation, we are not persuaded that an upgrade on 
this basis is warranted.  Therefore, in view of the above and 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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00190 was considered:

	Exhibit A.  DD Form 149, dated 10 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin