RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04159 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He had a lapse in judgment after losing a close family member which led to excessive drinking and smoking marijuana. Since his discharge he has matured and has been an upstanding member of his community. His type of separation is affecting every aspect of his life, especially when seeking employment. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 21 August 1985. On 3 March 1988, the applicant’s commander warned him of the possibility of discharge from the Air Force based on his performance, either on or off duty or both. On 3 March 1988, the applicant acknowledged receipt of the warning of discharge. On 27 May 1988, the applicant’s commander notified him that he was recommending his discharge from the Air Force for drug abuse. The reason for the action was the applicant was apprehended by civilian authorities on 16 April 1988 for public drunkenness and simple possession of marijuana, a Scheduled I Controlled Substance, after having passed out in his privately owned vehicle. On 27 May 1988, the applicant acknowledged receipt of the action and, after consulting with legal counsel, waived his right to submit a statement in his own behalf. On 2 June 1988, the case was found to be legally sufficient. On 3 June 1988, the discharge authority directed the applicant be furnished a general discharge, without probation and rehabilitation. On 6 June 1988, the applicant was furnished a general (under honorable conditions) discharge and was credited with 2 years, 9 months, and 16 days of total active service. On 7 June 2013, in response to a request for post-service information, the applicant indicates he was a productive airman before losing a very close family member. The death of his family member caused him to start using alcohol and marijuana, which lead to his discharge. As a result of his discharge, he became depressed and was a substance abuser for at least 20 years. He sought professional help and is now currently employed. ________________________________________________________________ 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 process. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for misconduct – drug abuse was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe the characterization of his service was improper or contrary to the provisions of the governing directive. 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 activities since leaving the service, we find no basis to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. ________________________________________________________________ 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-2012-04159 in Executive Session on 4 June 2013 and 12 June 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 September 2012, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 29 April 2013, w/atch. Panel Chair