RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03895

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His narrative reason for separation (Misconduct- Drug Abuse) be changed.

APPLICANT CONTENDS THAT:

He was not afforded the opportunity to rehabilitate and/or recover from his condition.  This was the first negative incident he had during his 14 year tenure in the military.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1974.

On 18 April 1988, the applicant’s commander notified him that he was recommending him for discharge from the Air Force for misconduct (drug abuse) with an honorable characterization of service.  The specific reason was on or about 16 February 1988, he used cocaine or a derivative thereof, an illegal substance.

The applicant was advised of his rights in this matter and after consulting with counsel, the applicant submitted a conditional waiver requesting an honorable discharge.

On 10 May 1988, the staff judge advocate reviewed the case and found it legally sufficient to support the basis for discharge.

On 13 May 1988, the discharge authority concurred with the recommendation.

On 25 May 1988, the applicant was furnished an honorable discharge under the provisions of AFR 39-10 (Misconduct-Drug Abuse) and was credited with 14 years, 1 month, and 23 days of active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denial indicating there is no evidence of an error or an injustice.

In accordance with AFR 39-10 paragraph 5-49, “drug abuse is incompatible with military service and airmen who abuse drugs one or more times are subject to discharge for misconduct.  The presence in the military environment of persons who engage in drug abuse seriously impairs accomplishing the military mission.  Members who abuse drugs adversely affect the ability of the Air Force to:  maintain discipline, good order, and morale; foster mutual trust and confidence among members; facilitate assignments and worldwide deployment; recruit and retain members; maintain public acceptability of military service; prevent breaches of security.”  The applicant’s misconduct disrupted good order, discipline, and morale within the military community; hence, discharge was appropriate.  Therefore, the SPD code and narrative reason for separation are correct as indicated on the applicant’s DD Form 214.

The applicant has not filed a timely petition.  It has been almost 28 years since the applicant’s discharge and he did not provide a valid reason for not submitting a timely application.  Their office does recognize the fact that the board could consider granting the applicant’s request based on clemency.  Based on the documentation on file in the master personnel records, the discharge to include the SPD code, narrative reason for separation, and character of service was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.

A complete copy of the AFPC/DP2STM-SEP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 April 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant’s contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-03895 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03895 was considered:

	Exhibit A.  DD Form 149, dated 19 August 2015, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM-SEP, dated 
  3 February 2016.
	Exhibit D.  Letter, AFBCMR, dated 5 April 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.