RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01970 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to an Honorable discharge. APPLICANT CONTENDS THAT: His discharge was inequitable because it was based on one isolated incident over 30 months of service. He regrets the mistake (failed drug test) he made, and wants a chance to redeem himself and serve his country again. Changing the character of service to honorable will allow reentry in the military. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 11 Dec 02. On 2 Jun 05, the applicant received an Article 15 for violation of the UCMJ, Article 112a, that between on or about 1 Jan 05 and on or about 1 Mar 05, he wrongfully used marijuana. On 6 Jun 05, the applicant’s commander notified him that he was going to recommend his discharge for the reason above. Subsequently that day, the applicant acknowledge the commander’s notification, waived his right to a hearing before an administrative discharge board, and acknowledged that he was aware of the adverse nature of such a discharge and the possible consequences thereof. On 7 Jun 05, the commander recommended the applicant’s discharged Under Other Than Honorable Conditions (UOTHC); as his misconduct constituted a significant departure from the conduct expected of Airmen. On 21 Jun 05, the 18 AF/JA advised the discharge authority that the applicant had submitted an unconditional waiver of his right to an administrative board hearing. The applicant’s wing commander recommended that the discharge authority accept the waiver and direct the applicant be separated with an Under Other Than Honorable Conditions (UOTHC) discharge characterization. The JA reviewed the discharge file and found it legally sufficient to support his discharge for misconduct pursuant to AFI 36-3208, Administrative Separation of Airmen, para 5.54, Drug Abuse. On 22 Jun 05, the separation authority accepted the applicant’s unconditional waiver of his rights associated with a discharge board, and directed he be separated for Drug Abuse with an UOTHC service characterization without an offer of probation and rehabilitation. Because the applicant was being considered for disability separation, his discharge case was forwarded to the Air Force Personnel Council (AFPC). Execution of the discharge would be withheld pending action by the AFPC. On 9 Aug 05, the AFPC found no causal or mitigating relationship between his medical condition and his administrative violation, and concluded that execution of the previously approved AFI 36-3208 action was appropriate. On 29 Aug 05, the applicant was furnished an Under Other Than Honorable Conditions (UOTHC) discharge, and was credited with two years, eight months, and eighteen days of active service. On 6 Oct 05, the applicant applied to the Air Force Discharge Review Board (AFDRB) for upgrade of his UOTHC to a General service characterization. On 24 May 06, the AFDRB upgraded his discharge to a General service consideration. On 21 Aug 06, AFPC/DPPRY voided the applicant’s original DD Form 214 that indicated an UOTHC discharge, and issued a revised DD Form DD Form 214 indicating a General service characterization discharge. On 6 Nov 12, the applicant applied to the AFDRB appealing their 24 May 06 decision. His appeal was based on the fact he checked the wrong box (change to general under honorable conditions); he wanted an honorable discharge. On 19 Feb 14, the AFDCRB denied upgrade of the discharge. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits D and E. AIR FORCE EVALUATION: AFPC/DPSOR-SEP recommends denial indicating there is no evidence of an error or an injustice. Based on the documentation on file in the master personnel records, the discharge, to include his narrative reason for separation, was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. Between on or about 1 Jan 05 and 1 Mar 05, the applicant wrongfully used marijuana. For this offense, he received an Article 15 punishment on 2 Jun 05 which consisted of reduction to the rank of Airman Basic, forfeiture of $400, and 5 days extra duty. In accordance with AFI 36-3208, para 5.54, “drug abuse is incompatible with military service and airmen who abuse drugs one or more times are subject to discharge for misconduct.” The base legal office reviewed the case and found it legally sufficient to support the basis for discharge. The discharge authority approved the separation and directed an Under Other Than Honorable Conditions (UOTHC) discharge without probation and rehabilitation. On or about 21 Aug 06, the applicant’s discharge service characterization was upgraded to General (under honorable conditions) as a result of either the Air Force Discharge Review Board or the Air Force Board for Correction of Military Records. The applicant received a new DD Form 214 reflecting the General discharge service characterization. They opine that the type of misconduct conducted by the applicant does not warrant an honorable service characterization opinion. A complete copy of the AFPC/DPSOR-SEP evaluation is at Exhibit D. AFPC/DPSOA did not provide a recommendation, but did address the Reenlistment Eligibility (RE) Code which would be affected by a change of character of service. While the applicant stated his discharge was inequitable because it was based on one isolated incident in over 30 months of service, they opine that the “isolated incident” was not a minor discipline issue, but involved the use of marijuana, and all drug use is incompatible with military service. If the applicant’s character of service is upgraded to honorable the board should also direct his RE code be changed to 2C--(Involuntary separated under AFR 39-10 with an honorable discharge; or entry level separation without characterization of service). If the decision is to grant a more favorable RE code, they recommend the Board direct his RE code be corrected to reflect 3K (Reserved for use by HQ AFPC or the AFBCMR when no other RE code applies or is appropriate). A complete copy of the AFPC/DPSOA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 31 Jul 15 for review and comment within 30 days (Exhibit F). 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 agree with the opinion and recommendation of AFPC/DPSOR-SEP and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note and agree with the Air Force Discharge Review Board’s 2014 finding on the applicant’s appeal for upgrade of his discharge to honorable; the negative aspects of the willful misconduct of the applicant outweighed the positive aspects of his service performance, and the General discharge is appropriate. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2015-01970 in Executive Session on 10 Dec 15 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01970 was considered: Exhibit A.  DD Form 149, dated 4 May 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Clemency Letter, SAF/MRBR, dated 18 May 15,   w/atch. Exhibit D.  Memorandum, AFPC/DPSOR-SEP, dated 18 May 15. Exhibit E.  Memorandum, AFPC/DPSOA, dated 8 Jul 15. Exhibit F.  Letter, SAF/MRBR, dated 31 Jul 15.