RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00200 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ___________________________________________________________________ APPLICANT CONTENDS THAT: He does not use drugs or alcohol anymore. After reading American Veterans and Service Members Survival Guide, he notes that illegal drug tests or faulty procedures were given by all branches of the military in 1982 and 1983; therefore, he believes his discharge should be upgraded. Letters were sent out to members who served in the military letting them know about this situation; however, not everyone received the letters. In support of his request, the applicant provides personal statements. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant was notified by his commander that he was recommending him for discharge from the Air Force under the provisions of AFM 39-10, paragraph 5-49c. The specific reason for this action was for wrongfully using marijuana. The applicant was advised of his rights in this matter and elected to waive his right to submit matters on his own behalf. After a legal review of the case file, the staff judge advocate found the case legally sufficient. The applicant was discharged with a general discharge on 7 Feb 84. He served 3 years, 1 month, and 20 days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. A copy of the FBI report was forwarded to the applicant for review and comment within 30 days on 29 Mar 10. As of this date, no response has been received by this office. A request for information pertaining to his post-service activities was forwarded to the applicant on 29 Mar 10 for response within 30 days. In response to our request, applicant provided post- service information, which is attached at Exhibit D. On 6 Apr 10, the applicant requested to withdraw his request. The AFBCMR sent the applicant a letter on 22 Apr 10 notifying him that his case was administratively closed. On 30 Jun 10, the applicant reopened his case. ___________________________________________________________________ BOARD CONCLUSION: 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 his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, in view of the contents of the FBI record which indicates recent involvement with law enforcement authorities, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable. Accordingly, no basis exists to grant favorable action on his request. ___________________________________________________________________ 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 this application in Executive Session on 6 Jan 11, under the provisions of AFI 36- 2603: The following documentary evidence for Docket Number BC-2010- 00200 was considered: Exhibit A. DD Form 149, dated 12 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBMCR, dated 29 Mar 10.