RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02379 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He served his country with honor. He was under duress after losing his daughter in a fire. Other than that one incident, he was a good Airman. He has maintained an honorable life since then and requests his discharge be upgraded as a matter of honor. The applicant provides no supporting documentation. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 28 June 1979. On 14 December 1987, his commander notified him of his intent to recommend him for discharge for misconduct. Specifically, the applicant tested positive for marijuana during a urinalysis. On 14 December 1987, the applicant acknowledged receipt of his commander’s intent. He also acknowledged his right to consult counsel and submit matters on his behalf: The Staff Judge Advocate reviewed the case and found it legally sufficient on 29 December 1987. The discharge authority directed the applicant be discharged with a general (under honorable conditions) discharge. His narrative reason for separation was listed as misconduct – drug abuse. He was credited with 8 years, 7 months and 26 days of active duty service. The Air Force Discharge Review Board (AFDRB) reviewed and denied a request from the applicanton 8 June 1989 (Exhibit C). Pursuant to the Board's request for information, the FBI indicated that, on the basis of the evidence provided, they were unable to locate an arrest record pertaining to the applicant. ________________________________________________________________ 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 during the discharge process. 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, or unduly harsh. We considered upgrading the discharge based on clemency; however, in the absence of evidence by the applicant attesting to a successful post-service adjustment in the years since his separation, we are not inclined to extend clemency at this time. Therefore, in the absence of evidence to the contrary, 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 2011-02379 in Executive Session on 12 January 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Mar 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFDRB, dated 8 Jun 89, w/atchs.