RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00815

					COUNSEL:  NONE

					HEARING DESIRED:  MO


APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

His discharge was unjustified at the time of error.  He was in the 
Reserve.  He was arrested and found not guilty while he was off 
duty.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 19 Jun 86, the applicant commenced his enlistment in the Air 
Force Reserve.

On 21 Jul 87, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force Reserve for drug 
abuse.  The reasons for the discharge action included testing 
positive for marijuana, cocaine and PCP.  He also received non-
judicial punishment under Article 15 of the Uniform Code of 
Military Justice (UCMJ) for failure to go at the time prescribed 
to his appointed place of duty.

After consulting with legal counsel, the applicant submitted a 
conditional waiver of his right to an administrative discharge 
board contingent upon his receipt of at least a general (under 
honorable conditions) discharge.

The legal office reviewed the case and found it legally sufficient 
and recommended accepting the conditional waiver and general 
discharge.

The discharge authority concurred with the findings and 
recommendation and directed the applicant be furnished a general 
discharge without probation and rehabilitation.

On 13 Dec 87, the applicant was furnished a general (under 
honorable conditions) discharge.

On 9 Mar 15, a request for post-service information and a Federal 
Bureau of Investigation (FBI) background check was forwarded to 
the applicant (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.  While the applicant 
claims a date of discovery of less than three years ago, in our 
view, the reasonable date of discovery of the alleged error or 
injustice was more than three years ago and the application is 
therefore untimely.  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 his service and narrative reason 
for separation was contrary to the provisions of the governing 
regulation, unduly harsh, or disproportionate to the offenses 
committed.  In the interest of justice, we also considered 
upgrading the discharge based on clemency; however, in the absence 
of any evidence related to his activities since leaving the 
service, we are not inclined to recommend granting the requested 
relief on that basis.  Therefore, 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 members of the Board considered AFBCMR Docket Number 
BC-2015-00815 in Executive Session on 4 Nov 15, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket Number 
BC-2015-00815 was considered:

	Exhibit A.  DD Form 149, dated 26 Feb 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 9 Mar 15.