RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03158

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable.  

APPLICANT CONTENDS THAT:

He has not had any drug offenses since his discharge.  He has been and remains to be a good citizen.  He needs his discharge upgraded so that he may be eligible for Veteran Affairs (VA) benefits.  

He wanted to prove that he could stay out of trouble.  

The applicant’s complete submission is at Exhibit A.  

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 24 November 1972.  

On 28 September 1983, the applicant was furnished a under other than honorable conditions discharge, with a narrative reason for separation of “Misconduct – Drug Abuse,” issued a separation code of “GKK” (drug use), and reenlistment (RE) code of “2B” (discharged under general or other-than-honorable conditions).  The dates of time lost during this period were 10 January 1983 through 2 June 1983.  He was credited with 10 years, 5 months, and 11 day of active service.  

On 8 December 2015, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).  

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.  While the applicant’s limited military personnel records do not contain a discharge package describing the exact basis of the applicant’s discharge, based on the presumption of regularity in governmental affairs, absent evidence to the contrary, we have to assume the applicant’s discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  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-2015-03158 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03158 was considered:

	Exhibit A.  DD Form 149, dated 23 July 2015.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 8 December 2015, w/atch.

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.