RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00240

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

His discharge was not unsatisfactory and he is unsure why his 
discharge is classified as under honorable conditions (general).

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 12 Nov 81, the applicant initially entered the Regular Air 
Force. 

On 11 Apr 84, the applicant’s commander notified him that he was 
recommending his discharge under the provisions of AFR 39-10, 
Administrative Separation of Airmen.  The reasons for the action 
were: hosting a "pot party," subsequently testing positive for 
THC (marijuana) and being placed in the Drug Abuse Program; 
being placed on the weight management program, for which he 
received a letter of counseling; and two instances of negative 
attitude towards his duties and shirking his duties, for which 
he was placed on a control roster.  

On 12 Apr 84, the applicant acknowledged receipt of the 
discharge notification and waived his right to submit statements 
on his behalf.

On 13 Apr 84, the Staff Judge Advocate (SJA) found the discharge 
legally sufficient. 

On 23 Apr 84, the applicant was furnished a general (under 
honorable conditions) discharge for Misconduct - pattern conduct 
pursuant to good order and discipline, and was credited with 
2 years, 5 months, and 12 days of active service. 

On 10 Jun 14, in response to a request for post-service 
information, the applicant provided copies of two character-
reference letters and an FBI criminal record check (no records 
exist).  The applicant’s complete response, with attachments, 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 an error or injustice.  We took 
notice of the applicant's complete submission, to include his 
rebuttal response, 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 relief on that basis.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-00240 in Executive Session on 14 Nov 14 under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Jan 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MRBR, undated.
Exhibit D.  Letter, Applicant, dated 10 Jun 14, w/atchs.