RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03007 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: His characterization of service has been held over his head for 24 years; whereas, civilians convicted of more brutal crimes have had their records expunged. Since his discharge, he has not had any further convictions and pleads to the Board to favorably consider his request. In support of his request, the applicant provides VA Form 21- 4138, Statement in Support of Claim, dated 23 Jul 14 with two statements of support. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 4 May 83. On 29 Feb 88, the applicant’s Commander vacated his Noncommissioned Officer (NCO) status after testing positive for Tetrahydrocannabinol (THC). On 15 Nov 88, the applicant was convicted by General Court- Martial for wrongful use of marijuana a violation of Article 112a. He was sentenced to a Bad Conduct discharge, confinement for three months, forfeiture of all pay and allowance and reduced in grade to airman basic (E-1). On 8 Jan 90, the Chief Military Justice confirmed the applicant’s appeal had been completed and sentence affirmed. On 11 Jan 90, the applicant was furnished a Bad Conduct discharge, and was credited with 6 years, 5 months, and 23 days of active service. A request for post-service information was forwarded to the applicant on 15 Aug 14 for review and comment within 30 days. As of this date, no response has been received by this office. 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 whether it is appropriate to upgrade the discharge based on clemency; however, since the applicant did not provide evidence of post-service activities, we are unable to make such a determination. 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-2014-03007 in Executive Session on 2 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03007 was considered: Exhibit A. DD Form 149, dated 23 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Clemency Information Bulletin