RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03089

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

Due to a nose operation he was administered codeine for pain.  After his surgery a urine test was performed and he tested positive for cocaine.  He further states a polygraph test was performed and the results were in his favor.  Thereafter, he was discharged under honorable conditions.  He was not punished nor was he demoted.  He believes this to be an injustice.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant with prior service entered the Regular Air Force on 11 July 1986.

On 8 November 1989, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10.  The specific reason was the illegal use of cocaine on or about 5-7 July 1989.  This was evidenced by his positive testing for cocaine during a random urinalysis administered on 7 July 1989.

The applicant was advised of his rights in this matter and after consulting with counsel, on 9 November 1989, the applicant submitted a conditional waiver requesting a general discharge.

On 21 November 1989, the staff judge advocate found the case legally sufficient and recommended discharge.

On 29 November 1989, the discharge authority concurred with the recommendation.

On 5 December 1989, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 7 years, 4 months, and 29 days of active service.

On 14 September 2016, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response (Exhibit C).  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 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, based on the evidence before us, we find no basis to grant clemency at this time.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought in this application. 

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-2015-03089 in Executive Session on 11 October 2016 and 17 October 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03089 was considered:

	Exhibit A.  DD Form 149, dated 15 May 2015, w/atch.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 14 September 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.