RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02802 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was young and did do some drugs during 1971-72, which was wrong on his part, but he has not touched them since. The psychiatrist was wrong in his evaluation of him in 1972. In support of his request, the applicant provides copies of his discharge letter and Airman Performance Report. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 15 Apr 70 and was progressively promoted to the grade of sergeant. On 14 Apr 72, the applicant was notified by his squadron commander that he was recommending he be discharged from the Air Force for unsuitability. The basis for the recommendation was a psychiatric evaluation that revealed the applicant possessed a character and behavior disorder that warranted administrative discharge procedures. In addition, it was also reported that he had a history of illicit use of drugs prior to and since entry into the Air Force. He reportedly used marijuana, barbiturates and amphetamines, also mescaline on one occasion and LSD on about 35 occasions. In the opinion of the psychiatrist, the applicant’s history of drug use, and lack of interest in the rehabilitation program, warranted the discharge action. The applicant acknowledged receipt of the discharge notification and that he had consulted with military counsel. On 19 Apr 72, he waived his rights associated with an administrative discharge board hearing, and declined to submit statements in his own behalf. On 19 Apr 72, the Acting Staff Judge Advocate found the case file legally sufficient to support separation with a general discharge. On 26 Apr 72, the discharge authority approved the separation and directed a general discharge. He was discharged on 28 Apr 72, in the grade of sergeant, under the provisions of AFM 39-12, Separation for Unsuitability, and received a general discharge. He served on active duty for a period of 2 years and 14 days. Pursuant to the request of the Board on 23 Sep 11, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on 5 Oct 11, that, on the basis of the data furnished, they were unable to locate an arrest record. On 14 Oct 11, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (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 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2011-02802 in Executive Session on 1 Dec 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBC, dated 14 Oct 11. Panel Chair