RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-00694 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was told that instead of attending rehabilitation he could have his discharge upgraded if he stayed out of trouble. He further states he has a Bachelor of Science Degree in Computer Information Technology and has had no problems since leaving the Air Force. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 23 July 1984. The applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFR 39-10 – Drug Abuse. The specific reason is the applicant did, on or about 18 February 1986 and on or about 24 February 1986, wrongfully possess marijuana, a schedule 1 controlled substance. He was advised of his rights in this matter and after consulting with counsel the applicant elected to waive his right to submit a statement on his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed a general (under honorable conditions) discharge. The applicant was discharged on 26 March 1986. He served 1 year, 8 months and 4 days on active duty. On 7 March 2013, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response. The applicant provided a response stating he has been married for eighteen years, became a foster parent, plus took in two of his sister’s grandchildren – ages 3 and 18 months. In 2002, he went back to school and received an Associate’s Degree in Computer Networking and in 2007 he received a Bachelor of Science Degree in Computer Networking. The applicant’s complete response, with attachment, is at 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 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. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient 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 an 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-2012-00694 in Executive Session on 4 April 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 January 2012. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Email Communique, AFBCMR, dated 7 March 2013. Exhibit D. Email Communique, Applicant, dated 19 March 2013, w/atch.