RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01996 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: His service characterization was inequitable because it was based on one isolated incident over a four year period with no other adverse actions. Upon discharge the applicant encountered a downward spiral of family separation, homelessness, drug dependency and incarceration, for which he has dramatically recovered. Since his release from prison, he secured clemency from the Florida Clemency Board, became a licensed practical nurse, a licensed mental health counselor, a certified school guidance counselor, a social science teacher and a national board certified counselor. He also earned a Master’s Degree from Webster University and is a Doctoral Candidate at Barry University working towards a PhD in marriage and family therapy. The applicant is also a pastor in his local church. The applicant submits a Certificate of Restoration of Civil Rights from the state of Florida, a Nursing License from the state of Florida, a Mental Health Counselor License from the state of Florida, a Master of Arts Degree from Webster University, a National Board for Certified Counselors Certificate, and a Professional Educator’s Certificate to teach Guidance, Counseling and Social Science. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 9 Nov 79. On 29 Nov 83, the applicant received an Article 15, Nonjudicial Punishment, for wrongful use of marijuana. He received a reduction to airman first class and ordered to forfeit $380 a month for one month. On 15 Dec 83, the applicant was notified of his commander’s intent to recommend discharge for drug abuse under the provisions of AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship, Chapter 5, paragraph 5-49c. On 23 Dec 83, a legal review found the package legally sufficient. On 3 Jan 84, the discharge authority approved a General (Under Honorable Conditions) discharge. Probation and rehabilitation was considered but not afforded. On 11 Jan 84, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 4 years, 2 months, and 3 days of active service. On 14 May 14, SAF/MRBR provided the applicant with a Clemency Information Bulletin for review and comment. On 23 Jun 2014, the Federal Bureau of Investigation (FBI) report indicated a search of the fingerprints provided by the applicant reveal no further arrests after 3 May 88. 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, we do not find the evidence presented is sufficient for us to conclude that the applicant’s post-service activities 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 RECOMMENDS 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-2014-01996 in Executive Session on 16 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Information Bulletin–Clemency, dated 14 May 14.