RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03450

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He was good at his job but made a mistake.  A random urinalysis 
test revealed the use of marijuana.  He did use marijuana but 
was not given a chance to complete rehabilitation.  His eight 
years of otherwise honorable and faithful service should be 
considered as evidence to show he was a good Non-Commissioned 
Officer (NCO).

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
23 Feb 77.

On 16 Jul 84, the applicant’s commander notified him that he was 
recommending his discharge for “misconduct - drug abuse,” under 
the provisions of AFR 39-10, Administrative Separation of 
Airmen.  The reason for this action is as follows:  On 1 Jun 84, 
the applicant’s urinalysis tested positive for marijuana, for 
which he received an Article 15, dated 26 Jun 84.  The commander 
did not recommend probation or rehabilitation based on the 
circumstances of the discharge.

On 17 Jun 84, the applicant acknowledged receipt of the action 
and of his right to consult with legal counsel and submit 
statements on his own behalf.  

On 17 Jun 84, after consulting with legal counsel, the applicant 
waived his rights associated with an administrative discharge 
board hearing, contingent upon receipt of no less than a general 
discharge.
On 23 Jul 84, the action was found to be legally sufficient and 
the discharge authority concurred with the commander’s 
recommendation, directing the applicant be issued a general 
(under honorable conditions) discharge without probation and 
rehabilitation.

On 12 Sep 84, the applicant was furnished a general (under 
honorable conditions) discharge for misconduct – drug abuse and 
was credited with seven years, eight months, and one day of 
active service.   

On 2 Sep 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 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-2014-03450 in Executive Session on 14 May 15, under 
the provisions of AFI 36-2603:

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03450 was considered:

	Exhibit A.  DD Form 149, dated 22 Aug 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 2 Sep 14.