RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00131

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:  

His general (under honorable conditions) discharge be upgraded 
to an honorable discharge.


APPLICANT CONTENDS THAT:  

He was told that after six months his discharge would be 
upgraded to honorable.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
2 May 73.

On 13 Sep 77, the applicant’s commander notified him that he was 
recommending his discharge for the Good of the Service in Lieu 
of Court-Martial, AFM 39-12, Paragraph 2-78.  The reasons for 
this action were four violations of Article 134, Uniform Code of 
Military Justice; specifically four specifications of marijuana 
use.

On 13 Sept 77, the applicant acknowledged receipt of the action 
and waived his rights to consult with legal counsel or submit 
statements on his own behalf.

On 22 Sep 77, the case was found legally sufficient.

On 21 Sep 77, the discharge authority concurred with the 
commander’s recommendation and directed the applicant be 
furnished a general (under honorable conditions) discharge.

On 29 Sep 77, the applicant was furnished a general discharge 
and was credited with 4 years, 4 months, and 28 days of active 
service. 
On 28 Apr 14, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office. (Exhibit C). 


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 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, due to the applicant’s failure to provide 
information regarding his post-service activities, we cannot 
conclude that such consideration is warranted.  Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought. 


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-2014-00131 in Executive Session on 21 Nov 14, under 
the provisions of AFI 36-2603:

	

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00131 was considered:

	Exhibit A.  DD Form 149, dated 31 Dec 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, 28 Apr 14.