RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01948 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: He was instructed that his characterization of discharge would change to Honorable after 180 days based on an agreement made at separation. His reason for discharge, drug abuse is unfounded and the discharge was accepted on the merits his discharge would be upgraded after 180 days. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 25 Sep 87. On 27 Nov 91, the applicant was notified by his commander’s intent to recommend discharge under the provisions of AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship, Chapter 5, Section H, paragraph 5.51 for Misconduct – Drug Abuse. This action was based on his arrest by civilian authorities for illegally distributing cocaine on multiple occasions during August 1991. The applicant’s commander recommends an Under Other Than Honorable Conditions discharge. On 9 Dec 91, the applicant offered a conditional waiver of his rights associated with an administrative discharge board, contingent on his receipt of no less than a General discharge. On 16 Dec 91, the applicant’s Wing Commander rejected the conditional waiver. On 16 Jan 92, the applicant submitted an unconditional waiver to an administrative discharge board hearing along with three letters of appreciation for consideration. On 4 Feb 92, the Staff Judge Advocate reviewed the case and found it legally sufficient. On 13 Feb 92, the discharge authority considered probation and rehabilitation and determined that it is not appropriate in this case. He approved an Under Other Than Honorable Conditions discharge. On 20 Feb 92, the applicant was furnished an Under Other Than Honorable Conditions discharge, and was credited with 4 years, 4 months, and 26 days of active service. On 14 May 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 the applicant. 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. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis 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-2014-01948 in Executive Session on 16 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Information Bulletin – Clemency Letter