RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02632 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His under honorable conditions discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He has been an outstanding citizen and has never been in any trouble. His civilian record over the past 40 years since discharge is outstanding. His discharge should be upgraded to honorable as his records and promotion were reflective of a good service member. His use of drugs impaired his ability to serve. The Board should consider it in the interest of justice to consider his untimely application as he is 62 years old and is a good citizen. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 20 Oct 71, the applicant entered the Regular Air Force. On 30 May 73, the applicant’s commander informed him that he was recommending he be discharged from the Air Force In Accordance With (IAW) AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program. The reason for the recommendation was that on 3 May 73 he was administered an Article 15 for possession of marijuana in violation of 21 U.S.C. § 844 and Article 134, Uniform Code of Military Justice (UCMJ). The applicant was counseled in regards to entering the Drug Rehabilitation Program but refused to accept rehabilitation which subjected him to administrative separation. The applicant was afforded the opportunity to consult with a judge advocate and submit statements in his own behalf. On 30 May 73, the applicant acknowledged the discharge recommendation. On 31 May 73, he declined to submit a rebuttal or make a statement in his own behalf. On 13 Jun 73, the acting staff judge advocate determined the discharge recommendation was legally sufficient and recommended separation with a general discharge. On 2 Jul 73, the discharge authority approved the discharge recommendation. On 9 Jul 73, he was discharged with service characterized as under honorable conditions with a Separation Designation Number (SDN) of 46C which denotes “Apathy, defective attitude and inability to expend effort constructively.” According to a letter provided by the applicant from the U.S. Department of Justice, Federal Bureau of Investigation (FBI), Clarksburg, WV dated 15 Nov 14, the applicant has no prior arrest data on file at the FBI. 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 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 find the evidence presented insufficient to recommend relief on that basis. 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-2014-02632 in Executive Session on 17 Mar 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Jun 14, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 31 Jul 14, w/atch. Exhibit D. Letter, FBI, dated 15 Nov 14.