RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03066 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He has not previously pursued having his discharge upgraded; however, he could use the upgrade now to help lower his insurance costs. The applicant does not provide any evidence in support of his appeal. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 15 July 1985 to 3 April 1989. According to Court-Martial Order Number 3, dated 16 December 1988, the applicant, then a senior airman (E-4), was found guilty of wrongful use of cocaine in violation of Article 112a of the Uniform Code of Military Justice (UCMJ). As a result, he received punishment consisting of a reprimand, reduction in grade to airman basic (E-1), forfeiture of $447 pay per month for two months, confinement for three months, hard labor without confinement for three months, and restriction to the limits of Homestead Air Force Base, Florida, for two months, with the base restriction to run concurrently with the first two months of hard labor. Only that portion of the sentence pertaining to reduction in grade to airman basic, forfeiture of $447 pay per month for two months, and confinement for three months was approved and executed. On 8 March 1989, the applicant was notified of his commander’s intent to recommend the applicant be discharged with a general (under honorable conditions) discharge for drug abuse, under the provisions of Air Force Regulation 39-10, Section H, paragraph 5- 49c. The applicant acknowledged receipt of his commander’s intent, consulted counsel, and waived his right to submit a statement in his own behalf. After a legal review found the case to be legally sufficient, the discharge authority approved the recommended discharge without probation or rehabilitation On 12 November 1964, the applicant was discharged from active duty with a general (under honorable conditions) discharge. He served one year and nine months on active duty and had lost time from 30 November 1988 through 9 February 1989. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 11 October 2011, the applicant was given an opportunity to submit comments about his post service activities and in response to the FBI Report (Exhibit D). On 28 October 2011, the applicant provided a personal statement indicating he did not use cocaine at the party he was invited to while stationed at Homestead Air Force Base, Florida. He only drank alcohol. His urinalysis test was negative the night after the party and he had tested negative seven other times. He was told by his Air Force attorney that his discharge would be upgraded automatically in six months after his discharge, but it was not. His service before this incident was exceptional. He was a good mechanic and he graduated first and second in his classes. Regarding the FBI Report charges in 2004 and 2008, he was never convicted of any of those charges. After his divorce, he made some bad choices. He is now a self-employed painting contractor and a productive citizen. He is a member of a United Methodist Church and had three biological children and four step-children. He hopes the Board will upgrade his discharge to help him with insurance needs and a Department of Veterans Affairs (DVA) loan. The applicant’s complete response 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 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. 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-2011-03066 in Executive Session on 15 March 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03066 was considered: Exhibit A. DD Form 149, dated 25 Jul 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 11 Oct 11, w/atch. Exhibit E. Letter, Applicant, dated 28 Oct 11.