ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01508-2

xxxxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider her request to upgrade her general (under honorable conditions) discharge to honorable and to remove her narrative reason for separation, “Misconduct-Drug Abuse.”

RESUME OF THE CASE

The applicant is a former Air Force airman (E-2).  

On 27 Jan 14, the Board considered and denied her request to upgrade her discharge and change the narrative reason for separation; finding the applicant had provided insufficient evidence of an error or injustice to justify relief.  In the interest of justice, the Board considered upgrading the characterization of the applicant’s discharge based on clemency; however, after considering her overall record, the infractions which led to her separation, and the lack of post-service documentation, found no basis upon which to grant relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit D. 

On 8 Dec 20, the applicant requested reconsideration of her request to upgrade her discharge and change the narrative reason for separation.  She again contends her discharge was unjust.  She was implicated in drug investigation of a fellow airman and was accused of drug misconduct.  She consented to a search of her dormitory room and was submitted for drug testing (negative results).  During this time, she was medically disqualified for her current position and was approved for retraining.  Due to the drug misconduct allegation, she was demoted and her retraining was cancelled.  She requested a discharge due to these embarrassing actions.  In support of her reconsideration request, the applicant submitted the following new evidence: (1) College Degrees; (2) Training Certifications; (3) Resume; and (4) Employee Performance Summaries. 

The applicant’s complete submission is at Exhibit E.

APPLICABLE AUTHORITY/GUIDANCE

On 25 Jul 18, the Under Secretary of Defense issued supplemental guidance (Wilke Memo) to military corrections boards in determining whether relief is warranted based on equity, injustice, or clemency.  These standards authorize the board to grant relief in order to ensure fundamental fairness.  Clemency refers to relief specifically granted from a criminal sentence and is a part of the broad authority Boards have to ensure fundamental fairness.  This guidance applies to more than clemency from sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  Each case will be assessed on its own merits.  The relative weight of each principle and whether the principle supports relief in a particular case, are within the sound discretion of each Board.  In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, the Board should refer to the supplemental guidance, paragraphs 6 and 7. 

The entire guidance can be found at Exhibit F.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  Furthermore, the Board applied clemency guidance to the new evidence submitted by the applicant; however, it is not sufficient to overturn the previous Board’s decision.  If the applicant provides a Federal Bureau of Investigation (FBI) Identity History Summary Check (IdHSC), the Board would be willing to reconsider the request.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2013-01508-2 in Executive Session on 28 Sep 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit D:	Record of Proceedings, w/ Exhibits A-C, dated 4 Feb 14.
Exhibit E:	Application, DD Form 149, w/atchs, dated 8 Dec 20.
Exhibit F:	Letter, SAF/MRBC (Clarifying Guidance), dated 11 Aug 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.