RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02298 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: He was not a dirt bag Airman. He loved and knew his job to the fullest. He went to a party and mistakenly ate some snacks that contained marijuana. He had never done drugs before and failed a urinalysis test. He would like to reenter the Air Force. He stresses he is not a druggie. He works two full time jobs to take care of his children and just wants an opportunity to correct his wrongs. In support of his request, the applicant provided a copy of his DD Form 214, a copy of a Department of Veterans Affairs (DVA) Rating Decision, and a comprehensive treatment plan for substance abuse. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 1 May 07. On 24 Sep 09, the applicant received a Letter of Counseling for misconduct; a female guest was observed sleeping in his room in violation of the rules. On 2 Sep 10, the applicant accepted an Article 15, Nonjudicial Punishment, for the wrongful use of marijuana in violation of Article 112a of the Uniform Code of Military Justice. He was reduced in grade to airman basic, ordered to forfeit $723.00 per month for 2 months (suspended), given 14 days of extra duty and reprimanded. On 10 Nov 10, the applicant was notified by his commander, he was recommending his discharge for Misconduct, specifically for Drug Abuse, in accordance with AFI 36-3208, Administrative Separation of Airmen, Chapter 5, Section 5H, paragraph 5.54. On 16 Nov 10, the applicant consulted with counsel and submitted a statement on his behalf. On 24 Nov 10, the Staff Judge Advocate, reviewed the case and found it legally sufficient. On 29 Nov 10, the discharge authority approved the applicant’s separation for Misconduct (Drug Abuse). He directed a General (Under Honorable Conditions) discharge without the opportunity for probation and rehabilitation. On 6 Dec 10, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with three years, seven months, and six days of active service. On 14 Mar 13, the Air Force Discharge Review Board, reviewed the applicant’s discharge and concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretion of the discharge authority. The applicant was provided full administrative due process and in light of the foregoing findings, the Board further concluded that there exists no legal or equitable basis for upgrade of discharge and determined the discharge should remain unchanged. 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. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The applicant has not filed a timely petition. It has been almost five years since the applicant’s discharge and he did not provide a valid reason for not filing a petition within three years of discharge. In accordance with AFI 36-3208, Chapter 5, paragraph 5.54, drug abuse is “incompatible with military service and airmen who abuse drugs one or more times are subject to discharge for misconduct. Drug abuse for the purpose of this regulation is the illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a military installation of any drug. This includes improper use of prescription medication. The term drug includes any controlled substance in schedules I, II, III, IV, and V of Title 21 U.S.C., Section 812. It also includes anabolic/androgenic steroids, and any intoxicating substance, other than alcohol, that is inhaled, injected, consumed or introduced into the body in any manner for purposes of altering mood or function. The presence in the military environment of persons who engage in drug abuse seriously impairs accomplishing the military mission. Members who abuse drugs adversely affect the ability of the Air Force to: maintain discipline, good order, and morale; foster mutual trust and confidence among members; facilitate assignments and worldwide deployment; recruit and retain members; Maintain public acceptability of military service; prevent breaches of security.” Therefore, the SPD code and narrative reason for separation are correct as indicated on the applicant’s DD Form 214. The applicant’s character of service is also correct on the applicant’s DD Form 214. In accordance with AFI 36-3208, an under honorable conditions (general) discharge is appropriate when significant negative aspects of the airman’s conduct or performance outweigh the positive aspects of the airman’s military record. Both the commander and the base discharge authority correctly concluded that the misconduct noted in the applicant’s record outweighed his brief military service. Based on the documentation on file in the master personnel records, the discharge to include the SPD code, narrative reason for separation and characterization of service were consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 Sep 15 for review and comment within 30 days (Exhibit D). 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 agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2015-02298 in Executive Session on 9 Dec 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02298 was considered: Exhibit A. DD Form 149, dated 24 May 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 27 Jul 15. Exhibit D. Letter, SAF/MRBR, dated 15 Sep 15.