RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00724 COUNSEL:
HEARING DESIRED:

APPLICANT REQUESTS THAT:
His narrative reason for separation be changed.

APPLICANT CONTENDS THAT:
He was discharged due to an Article 15; however, an Article 15 is considered Nonjudicial Punishment (NJP) and not an admission of guilt. His reason for discharge “Drug Abuse” sounds judicial, damaging and inappropriate to use.

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

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 22 Oct 77.

On 25 Sep 80, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of AFM 39-12, Discharge for Unsuitability, Unfitness or Misconduct, Resignation or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program. The specific reasons for this action were:

a.	On or about 1 May 79, the applicant wrongfully used and possessed marijuana, in violation of Article 134, Uniform Code of Military Justice (UCMJ).

b.	During Jan 80, the applicant wrongfully used marijuana and during Mar 80, he wrongfully possessed marijuana, both in violation of Article 134, UCMJ.

On 6 Oct 80 the applicant acknowledged receipt of the notification of discharge and elected not to submit a statement on his own behalf.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

On 16 Oct 80, the Staff Judge Advocate (SJA) found the case legally sufficient to support discharge and recommended the applicant receive a general (under honorable conditions) discharge without the offer of probation or rehabilitation.

On 20 Oct 80, the discharge authority approved the separation.
According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty issued in conjunction with his 22 Oct
80 separation, he received an honorable discharge, with a separation code of “JKK”, which denotes “Misconduct – Drug Abuse”, and a Reentry (RE) code of 2C.  He was credited with 3 years and
11 days of active service.
According to AFHQ Form 0-2077, Air Force Discharge Review Board (AFDRB) Hearing Record dated 4 May 82, the applicant was offered a personal appearance with counsel before the DRB, but declined to exercise this right. The AFDRB concluded that the applicant’s discharge should not be changed. His discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the sound discretion of the discharge authority and that he was provided full administrative due process.

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 recommends denial indicating they did not find any evidence of an error or injustice in the discharge processing.

The applicant did not file a timely application. It has been almost 36 years since the applicant’s discharge and he did not provide a valid reason for not filing a timely application. Furthermore, based on the documentation on file in his master personnel records, the discharge to include the narrative reason for separation and corresponding separation code was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.

Drug abuse for the purpose of the regulation is the illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a military installation of any drug. It included any intoxicating substance, other than alcohol that is inhaled, injected, consumed or introduced into the body in any manner for purposes of altering mood or function. The term drug includes any controlled substance in scheduled I, II, III, IV, and V of Title 21 United States Code (21 USC) §812. The commander cited instances of the applicant using or being in possession of marijuana, which is considered a controlled substance.  Therefore, the narrative

reason for separation and corresponding separation code are an accurate reflection of the reason the applicant was discharged from the Air Force.

A complete copy of the AFPC/DP2STM 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 16 Nov 16, 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-2016-00724 in Executive Session on 13 Jun 17, under the provisions of AFI 36-2603:

Panel Chair Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00724 was considered:

Exhibit A.	DD Form 149, dated 15 Feb 16, w/atch.
Exhibit B.	Pertinent Excerpts from Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPDP2STM, dated 6 May 16.
Exhibit D.	Letter, SAF/MRBR, dated 16 Nov 16.
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.