RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01681 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded. APPLICANT CONTENDS THAT: He has been a productive member of society since his alleged incident with drug use in the Air Force. He recognizes the importance of working hard and providing for his family. Currently, he is active in community programs that help people stay off drugs. He has been drug, alcohol, and tobacco free for 25 years. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 4 Oct 84, the applicant initially entered the Regular Air Force. On 17 Apr 85, the applicant received Nonjudicial Punishment (NJP) for use of marijuana, which consisted of suspended reduction in rank, forfeiture of pay for two months, and 30 days correctional custody. On 8 May 86, the applicant received NJP for failure to go to his required place of appointed duty, resulting in a suspended reduction in rank and extra duty. On 2 Dec 86, the applicant requested to be discharged in lieu of court martial. Charges and specifications pending against the applicant were two counts of distributing drugs on or about 26 Aug 86, and one count of theft of money. On 16 Dec 86, after review and recommendation by the applicant’s commander, and a review of legal sufficiency, the request to be discharged in lieu of court martial was approved by the approval authority. On 19 Dec 86, the applicant was furnished a UOTHC discharge, in lieu of trial by court-martial, and was credited with 2 years, 2 months, and 16 days of active service. On 4 Aug 14, a request for post-service information was forwarded to the applicant for review and response within 30 days. As of this date, no response has been received by this office (Exhibit C). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at 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, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. 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-2014-01681 in Executive Session on 28 Jan 15 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01681 was considered: Exhibit A. DD Form 149, dated 15 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.