RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02349 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: He served honorably and feels the level of punishment he received was unfair. He is now drug free and has changed his life. He is currently undergoing counseling for Post-Traumatic Stress Disorder (PTSD). The effects of PTSD have changed his life. In support of his request, the applicant provided four Letters of Recommendation. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 1 Jul 76. On 14 Feb 84, the applicant accepted an Article 15, Nonjudicial Punishment, for wrongfully possessing some quantity of marijuana a violation of Article 134 of the Uniform Code of Military Justice. He was reduced in grade to sergeant, ordered to forfeit $200.00 per month for two months, and ordered to perform 45 days of extra duty. On 8 Mar 84, the applicant’s commander recommended him for discharge for misconduct based on Drug Abuse in accordance with AFR 39-10, Enlisted Personnel-Separation, Chapter 5, paragraph 5-49c. On 13 Mar 84, the applicant offered a conditional waiver of his rights contingent on receipt of no less than a General (Under Honorable Conditions) discharge. On 23 Mar 84, the Staff Judge Advocate reviewed the discharge request and found no errors or irregularities. On 27 Mar 84, the discharge authority approved the Conditional Waiver and ordered a General (Under Honorable Conditions) discharge without probation and rehabilitation. On 11 Apr 84, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 7 years, 9 months, and 11 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) indicated that on the basis of the information provided, they were unable to locate an arrest record. 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, we do not find the evidence presented is sufficient for us to conclude that the applicant’s post-service activities 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 members of the Board considered AFBCMR Docket Number BC-2014-02349 in Executive Session on 28 Apr 15 and 15 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02349 was considered: Exhibit A. DD Form 149, dated 3 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 23 Jan 15. Exhibit D. FBI Report, dated 30 Apr 15.