RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01689 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an under honorable conditions (general) discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He admitted using drugs and accepted responsibility for his actions. Since the incident he has served honorably with the Massachusetts Air National Guard (ANG). In support of his request, the applicant provides copies of his DD Form 214, Certificate Release or Discharge from Active Duty, NGB Form 22, Report of Separation and Record of Service, and Army National Guard Honorable Discharge Certificate. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 11 Dec 92, the applicant contracted his enlistment in the Regular Air Force. He served as a Visual Information Productions – Documentation Journeyman. On 14 Nov 96, the applicant’s commander notified him that he was recommending his discharge from the Air Force for drug abuse. The specific reason for the discharge action was the applicant on or about 1 Apr 96 and 31 May 96 wrongfully used crystal methedrine (crank), for which he received an Article 15. His commander advised him of his rights in this matter. On 14 Nov 96, he acknowledged receipt of the notification for discharge and, after consulting with legal counsel, requested his case be presented before an administrative discharge board. On 3 Jan 97, the Board convened and found the applicant had wrongfully used drugs and recommended he discharged with a UOTHC service characterization. On 6 Feb 97, the legal office concurred with the findings and recommendations of the Board and recommended the applicant be furnished a UOTHC discharge, without the possibility of probation and rehabilitation. On 7 Feb 97, the discharge authority concurred with the findings and recommendation of the discharge board and directed the applicant’s discharge. On 10 Feb 97, the applicant was furnished a UOTHC discharge and was credited with four years and two months 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. On 14 Dec 11, a copy of the Investigative Report and a request for post-service information was forwarded to the applicant for review and comment within 30 days (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 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. _________________________________________________________________ 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-2011-01689 in Executive Session on 10 Jan 12 and 19 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Apr 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, AFBCMR, dated 14 Dec 11, w/atch.