RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00855 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded. APPLICANT CONTENDS THAT: He is a productive citizen and had a lot of ups and downs. It does not hurt to try and upgrade his discharge with the situation on marijuana today. The Board should find it in the interest of justice to consider his untimely application because he is asking for forgiveness. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 28 Mar 74, the applicant entered the Regular Air Force. On 6 Sep 83, he received an Article 15, Uniformed Code of Military Justice (UCMJ) for wrongful use of marijuana within the territorial limits of the United States between o/a 1 Jul 83- 22 Jul 83. He was reduced in rank to sergeant, forfeited $75 per month for two months and given 45 days extra duty. According to his application for review of discharge dated 28 Feb 84, facts leading up to his discharge indicate on 13 Oct 83, his squadron commander notified him he was recommending he be discharged UOTHC for drug abuse, per AFR 39-10, Airman Separation Manual, paragraph 5-49c. Between on or about 1 Jul 83 and 22 Jul 83, he wrongfully used marijuana. On 14 Oct 83, he signed a statement waiving his right to an administrative discharge board and declined to submit statements on his own behalf. On 25 Oct 83, the Staff Judge Advocate found it legally sufficient. On 27 Oct 83, his group commander recommended he be discharged UOTHC discharge without probation or rehabilitation. On 28 Nov 83, the Staff Judge Advocate reviewed the case and found it legally sufficient. On 8 Dec 83 the discharge authority approved the UOTHC discharge per AFR 39-10, paragraph 5-49c without probation or rehabilitation. On 14 Dec 83, the applicant received an UOHTC discharge, and was credited with 9 years, 8 months and 17 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 (Exhibit C). As of this date, no response has been received by this office. 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 authority. The applicant has provided no evidence which would lead us to believe the characterization of 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 characterization of the applicant’s discharge based on clemency; however, after considering his overall record of service, the infractions which led to his administrative separation and the lack of post- service information we are not persuaded that an upgrade is warranted. In view of this and 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 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-00855 was considered: Exhibit A. DD Form 149, dated 26 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Clemency Information Bulletin, dated 28 Apr 14.