RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		 DOCKET NUMBER:  BC-2013-04602

				COUNSEL:  NONE

				HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded.



APPLICANT CONTENDS THAT:

It has been 30 years since his discharge and it is time he 
cleared his name.

The applicant’s complete submission is at Exhibit A.



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
14 Sep 77.

According to Special Court-Martial Order Number 18, dated 
14 Jul 80, the applicant was charged with the following 
specifications of violating article 134 of the Uniform Code of 
Military Justice (UCMJ):

Specification 1:  On or about 27 Mar 80, he wrongfully possessed 
some amount of marijuana.

Specification 2:  On or about 5 Mar 80, he wrongfully used 
marijuana while confined in the Base Detention Facility as an 
adjudged prisoner.

Specification 3:  On or about 7 Mar 80, he wrongfully used 
marijuana while confined the Base Detention Facility as an 
adjudged prisoner.

Specification 4:  On or about 10 Mar 80, he wrongfully 
transferred some mount of marijuana.

Additional Specification:  At diverse times between 13 Mar and 
26 Mar 80, he wrongfully used marijuana while confined in the 
Base Detention Facility as an adjudged prisoner.
The applicant was found guilty of the additional charge and 
sentenced to be confined at hard labor for six months; to 
forfeit one hundred dollars per month for six months; and to be 
reduced to the grade of airman basic (E-1).

On 12 Dec 80, the applicant was furnished a UOTHC discharge for 
misconduct – drug abuse and was credited with 2 years, 5 months, 
and 16 days of total active service.

On 26 Jun 14, a request for post-service information was 
forwarded to the applicant for review and response within 
30 days.  In response, the applicant provides an expanded 
personal statement describing his activities since leaving the 
service and copies of his resume and a supporting statement from 
his sister (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 this case; however, we find no evidence or an error or 
injustice that occurred during the discharge processing.  Based 
on the available evidence of record, it appears the applicant’s 
discharge was carried out in accordance with the directive under 
which it was affected and that he was provided full 
administrative due process.  In the interest of justice, we 
considered upgrading the discharge based on clemency; however, 
we do not find the documentation submitted by the applicant 
sufficient to conclude that his contributions to his community 
since leaving the service are sufficient to overcome the 
misconduct for which he was discharged.  Therefore, in the 
absence of evidence the discharge was disproportionate to the 
circumstances, there was an abuse of discretionary authority, or 
the applicant was deprived of rights to which he was entitled, 
we find no basis to recommend favorable consideration of the 
application.



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-2013-04602 in Executive Session on 23 Sep 14, under 
the provisions of AFI 36-2603:

	Panel Chair 
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Sep 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 26 Jun 14.
	Exhibit D.  Letter, Applicant, dated 18 Jul 14.