RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02045 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation of “drug abuse” be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: There is no evidence to support him being discharged for drug abuse; therefore, the discharge is unjust and in error. He took a voluntary drug test, which was negative. Despite the 18 years that have gone by, he feels this injustice should be corrected. In 1993, he was involved in a large investigation along with many other service members who were interrogated by the Office of Special Investigations (OSI) for drug use. He signed the discharge paperwork because he was distraught about his mother’s recent passing. He believes his fate was sealed once the Air Force believed he was involved in some kind of “drug ring”. He did not care to fight to stay in the military; he was angry and disgusted with the entire system. Therefore, when he signed his DD Form 214, Certificate of Release or Discharge from Active Duty, he was signing it as a way to put such a painful experience behind him. He was young, very immature, and without consequence of what signing such a glaring and incorrect paper would mean. Currently he is a teacher, a member of a good community, and would like this injustice to be corrected. In support of his request, the applicant provides a personal statement. His complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 30 Apr 90. His commander recommended him for discharge under the provisions of AFM 39-10, paragraph 5-51, for drug abuse. The specific reasons for his discharge were for wrongfully using marijuana and for wrongfully inhaling nitrous oxide gas for which he received a Letter of Reprimand (LOR). After a legal review, the staff judge advocate found the case legally sufficient. The applicant received a general discharge on 7 Apr 93 after serving 2 years 11 months, and 8 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. On 16 Sep 11, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. On 16 Sep 11, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by reiterating his original contentions; however, he goes into further detail of what happened during his discharge processing. He provides an unsigned letter of support in support of his post-service life. The applicant’s complete submission, with attachments, is at Exhibit E. _________________________________________________________________ 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 probable error or injustice. After careful consideration of the available evidence, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ 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-2011-02045 in Executive Session on 20 Oct 11, 27 Oct 11 and 19 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 May 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 16 Sep 11. Exhibit E. Letters, Applicant, dated 4 Oct 11, 5 Oct 11, and 9 Jan 12, w/atchs.