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AF | BCMR | CY2013 | BC 2012 05454
Original file (BC 2012 05454.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05454

		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He does not believe his discharge should be less than an 
honorable for his entire life.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 2 Sep 82.

On 9 Aug 85, 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 tested positive for 
marijuana on a random urinalysis.

On 26 Aug 85, the case was found to be legally sufficient and on 
6 Sep 85, the discharge authority directed the applicant be 
furnished a general discharge, without probation and 
rehabilitation.  On 23 Sep 85, the applicant was furnished a 
general (under honorable conditions) discharge and was credited 
with 3 years and 22 days of total active service.

On 15 Aug 13, a request for post-service information was 
forwarded to applicant for 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 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 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 on the basis of 
clemency; however, in the absence of any evidence relating to 
his post-service accomplishments, 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 an 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-2012-05454 in Executive Session on 19 Sep 13, under 
the provisions of AFI 36-2603:

	              , Panel Chair
	              , Member
	              , Member





The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05454 was considered:

  Exhibit A.  DD Form 149, dated 17 Nov 12, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFBCMR, dated 15 Aug 12, w/atch.




			
			Panel Chair



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