RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00232 INDEX CODE: 110.02 XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded. In the alternative, he be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for his first term of service in which he did serve honorably. _________________________________________________________________ APPLICANT CONTENDS THAT: He was never given the opportunity to dispute the charges which led to his discharge. In support of his appeal, the applicant provides a copy of his DD Form 214. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 29 March 1973 and was progressively promoted to the grade of staff sergeant (E-5) with a date of rank of 1 August 1980. On 27 May 1982, the applicant received Article 15 punishment for the wrongful possession, use, and transfer of marijuana in the hashish form during the period 1 June 1980 to 21 March 1982. Punishment imposed consisted of a reduction in grade to the rank of sergeant (E-4) and forfeiture of $427 per month for two months. On 28 June 1982, the applicant received a reduction in grade to senior airman (E-4) for vacation of his noncommissioned officer (NCO) status for drug abuse. On 13 July 1982, the applicant was notified of his commander’s intent to recommend him for a UOTHC discharge for drug abuse. The applicant acknowledged receipt of his commander’s intent, consulted counsel, and, on 9 August 1982, offered a conditional waiver of his rights associated with an administrative discharge board hearing contingent on his receipt of a general discharge. On 24 August 1982, the Assistant Staff Judge Advocate recommended the commander reject the conditional waiver due to the length of time, frequency, and types of the applicant’s drug involvement as an NCO. On 30 August 1982, his commander rejected the applicant’s conditional waiver and directed he submit an unconditional waiver or demand an administrative discharge. On 20 September 1982, the applicant submitted a response stating he did not waive his right to a hearing before an administrative discharge board and that he would submit statements in his own behalf. On 22 October 1982, the applicant submitted another statement to his commander indicating he waived his right to a hearing before an administrative discharge board and that he would not be submitting statements in his own behalf. On 28 October 1982, the Assistant Staff Judge Advocate found the case to be legally sufficient and recommended the commander accept the unconditional waiver and that the applicant be discharged with an UOTHC discharge without probation or rehabilitation. On 6 December 1982, the discharge authority accepted the applicant’s unconditional waiver and directed he be discharged with an UOTHC discharge without probation and rehabilitation. On 13 December 1982, the applicant was discharged from active duty with a UOTHC discharge, and a narrative reason for separation of “Misconduct, Drug Abuse.” He served 9 years, 8 months and 15 days on active duty. On 22 May 1984, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to upgrade his discharge to general or honorable. Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant. On 21 July 2010, the applicant was given an opportunity to submit comments about his post service activities (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ 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. Furthermore, we do not find clemency is appropriate in this case since the applicant has not provided any evidence concerning his post-service activities. The applicant indicates that if his discharge cannot be upgraded, that as an alternative, a DD Form 214 be issued for his first term of honorable service. However, we note the requested DD Form 214 has already been issued for his period of active duty service from 29 March 1973 through 9 February 1978. He indicated his concurrence of the DD Form 214 by his initials in the remarks section. Based on the foregoing, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-00232 in Executive Session on 21 September 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-00232: Exhibit A. DD Form 149, dated 30 Dec 09, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 5 May 10, w/atch.