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AF | BCMR | CY2013 | BC 2013 03384
Original file (BC 2013 03384.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03384

			COUNSEL:  NONE

			HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.	

________________________________________________________________

APPLICANT CONTENDS THAT:

He has lived with the mistake he made for the last 26 years and 
deserves to receive credit for the good time he served on active 
duty.

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 12 Aug 85.

On 12 Jun 87, the applicant’s commander notified him that he was 
recommending his discharge for drug abuse.  The reason for the 
action was that the applicant wrongfully used marijuana, for 
which he received nonjudicial punishment (NJP) action under 
Article 15 of the Uniform Code of Military Justice (UCMJ).

On 10 Jul 87, the applicant was furnished a general (under 
honorable conditions) discharge and was credited with 1 year, 
10 months, and 29 days of total active service.

On 28 Mar 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 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 discharge authority’s discretion.  He 
has provided no evidence which would lead us to believe 
otherwise.  In the interest of justice, we considered upgrading 
the discharge based on clemency; however, in the absence of any 
evidence related to his accomplishments since leaving the 
service, there is no way we can determine if his post-service 
accomplishments overcome the misconduct for which he was 
discharged.  Therefore, in view of the above, and in the absence 
of evidence to the contrary, we conclude that no basis exists to 
upgrade the applicant’s general 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-2013-03384 in Executive Session on 29 Apr 14, under 
the provisions of AFI 36-2603:

	                        , Panel Chair
	                        , Member
	                        , Member






The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-03384 was considered:

	Exhibit A.  DD Form 149, dated 13 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 28 Mar 14.




                                   
                                   Panel Chair
                                    

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