RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04583 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was young and did not know the value of the experience the military could provide. He suffered from culture shock. He could have been given another chance, considering his age. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 16 Dec 86 in the grade of airman basic (E-1) for a period of six years. On 29 Dec 87, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for Drug Abuse, under the provisions of AFR 39-10, Administrative Separation of Airmen. The reasons for the action included his wrongful use of marijuana and an incidence of open disrespect to a non-commissioned officer (NCO) in the performance of his duties as an NCO. On 29 Dec 87, the applicant acknowledged receipt of the action, waived his right to consult legal counsel, and elected to not submit statements in his behalf. On 30 Dec 87, the case was found to be legally sufficient and the discharge authority approved the commander’s recommendation, directing the applicant’s administrative discharge without probation and rehabilitation. On 31 Dec 87, the applicant was furnished a General (Under Honorable Conditions) discharge for Misconduct—Drug Abuse and was credited with 1 year and 15 days of total active service. 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 Investigative Report and a request for post- service information was forwarded to the applicant on 19 Apr 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 this case; however, we find no evidence of an error or injustice that occurred in the discharge process. It appears the applicant’s discharge was consistent with the substantive requirements of the discharge regulation in effect at the time and within the commander’s discretionary authority. No evidence has been presented to indicate otherwise. We considered upgrading the discharge based on clemency; however, in the absence of any documentation concerning his post-service activities, we are not convinced the applicant’s discharge should be upgraded on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2010-04583 in Executive Session on 26 Jul 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Nov 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 19 Apr 11, w/atch.