RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-03250
	
		COUNSEL:  NONE
		
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He received his discharge for marijuana use but was never 
offered any help for his problem.  He could not quit using on 
his own.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release 
or Discharge from Active Duty, on 27 Mar 78, he enlisted in the 
Regular Air Force.

On 23 Nov 82, the applicant was found guilty of two 
specifications of wrongful possession of marijuana, one 
specification of wrongful use of marijuana, one specification of 
wrongful use of cocaine, and one specification of wrongful 
transfer of marijuana in violation of Article 134 of the Uniform 
Code of Military Justice (UCMJ) and was sentenced at a Special 
Court-Martial to a reduction to the grade of E-2, forfeiture of 
$250, and hard labor without confinement for 30 days.

On 8 Dec 82, the convening authority approved the finding and 
sentence and directed that it be executed in its entirety.

On 8 Feb 83, the applicant received an Article 15 for wearing 
brown shoes with his white uniform and being incapacitated for 
the proper performance of duty, in violations Article 92 and 
134 respectively, of the UCMJ.  As a result, his punishment 
consisted of reduction to the grade of Airman Basic (AB, E-1).

On 18 Feb 83, the applicant received a Letter of Reprimand (LOR) 
for failure to go to his appointed place of duty.

On 23 May 83, the discharge authority directed the applicant be 
discharged with an UOTHC discharge.

On 31 May 83, the applicant received an UOTHC discharge and was 
credited with 5 years, 2 months, and 5 days of total active 
service.

On 18 Sep 14, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit C).

________________________________________________________________

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, in the absence of any evidence related to 
the applicant’s post-service activities, there is no way for us 
to determine if the applicant’s accomplishments since leaving 
the service warrant such an action. 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-2014-03250 in Executive Session on 8 Apr 15, under the 
provisions of AFI 36-2603:

	                        , Panel Chair
	                  , Member
	                       , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Aug 14.
	Exhibit B.  Available Applicant's Master Personnel Records
	Exhibit C.  Letter, SAF/MRBR, dated 18 Sep 14, w/atch.





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