RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04891 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: He was involved in a drug-related investigation and although he was tested numerous times, he never tested positive for drug use. When he discussed his options with legal counsel they advised he “just take” a General (Under Honorable Conditions) discharge as a way to preclude the possibility of further punitive actions. He now finds his characterization of service an embarrassment and hinders any potential job prospects. In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 29 Mar 84. On 16 Oct 84, the applicant received a Letter of Reprimand for being drunk on station and improperly dressed in violation of Article 134, Uniform Code of Military Justice. On 21 Jan 85, the applicant accepted an Article 15, Nonjudicial Punishment, for wrongfully possessing marijuana in violation of Article 112a, Uniform Code of Military Justice. He was reduced in grade to airman (suspended) and ordered to forfeit $200 a month for one month. On 9 Aug 85, the applicant accepted an Article 15, Nonjudicial Punishment, for wrongfully using marijuana in violation of Article 112a, Uniform Code of Military Justice. He was reduced in grade to airman basic and ordered to forfeit $310.00 per month for two months (suspended). On 13 Sep 85, the applicant was notified by his commander that he was recommending him for discharge based on serious misconduct involving drug abuse in accordance with AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship, Chapter 5, paragraph 5-49c. On 20 Sep 85, the applicant consulted counsel, submitted a statement on his behalf, and informed his commander of his desire to remain in the United States Air Force. On 26 Sep 85, the Staff Judge Advocate reviewed the case and found it legally sufficient. On 3 Oct 85, the discharge authority approved his separation and directed a General (Under Honorable Conditions) discharge without probation and rehabilitation. On 8 Oct 85, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 1 year, 6 months, and 10 days of active service. A request for post-service information was forwarded to the applicant on 29 Dec 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 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-2014-04891 in Executive Session on 25 Aug 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04891 was considered: Exhibit A. DD Form 149, dated 20 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 29 Dec 14.