RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04441

  					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

Over the years, he has learned the importance of professionalism 
as well as personal integrity and hopes to put the immature 
decisions and mistakes of his youth behind him.  He has had a 
spotless career as an electrician and wishes to utilize an 
employment opportunity with his local Veteran’s Administration 
(VA) hospital to work as an electrician.  The Board should find 
it in the interest of justice to review his untimely application 
so he is able to serve the veterans at his local VA.  

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


STATEMENT OF FACTS:

On 15 Aug 89, the applicant entered the Regular Air Force.

On 15 Mar 91, he received an Article 15, Uniformed Code of 
Military Justice, for wrongfully using Butane with the intent to 
intoxicate himself on or about 5 Mar 91.  As punishment, he 
received 14 days restriction, 14 days extra duty and reduction 
in rank to airman.  

On 27 Mar 91, he acknowledged receipt indicating he would not 
appeal while his commander indicated he would be initiating an 
Unfavorable Information File. 

On 9 Apr 91, his commander recommended he be discharged for drug 
abuse under the provisions of AFR 39-10, Airman Separation 
Manual, Section H, paragraph 5-50.1.

On 11 Apr 91, the applicant submitted a written statement 
indicating he had received military legal counsel and did not 
submitted a statement on his behalf.

On 23 Apr 91, the Staff Judge Advocate found the discharge 
action legally sufficient and on 29 Apr 91, his commander 
approved his separation.  

On 8 May 91, the applicant received a general (under honorable 
conditions) discharge with a narrative reason for separation of 
misconduct – drug abuse.  He was credited with 1 year, 8 months 
and 24 days of active service.   

On 5 Nov 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 
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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-04441 was considered:

	Exhibit A.  DD Form 149, dated 28 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 5 Nov 14.