RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS.

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01907

						COUNSEL:  

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He admits that he took possession of steroids, but did not take 
any and immediately threw the steroids away.  He believes the 
punishment was harsh and unjust.  He notes that he served 
4 years without any disciplinary issues and passed all drug 
screens that were administered to him.

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


STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air 
Force on 30 January 2007.

On 15 Dec 10, the applicant received an Article 15, Uniform Code 
of Military Justice (UCMJ), for between on or about 18 and 
19 Oct 10, committing indecent conduct by engaging in sexual 
acts in the presence of other persons and wrongfully having 
sexual intercourse with a woman not his wife. His punishment 
consisted of reduction to the grade of Airman First Class 
(suspended), forfeiture of $448.00 pay (suspended), 14 days 
extra duty and a reprimand.

On 21 Mar 12, the applicant received an Article 15, UCMJ, for 
wrongfully possessing some amount of Stanozolol (Winstrol), a 
schedule Ill controlled substance.  His punishment consisted of 
reduction to the grade of Airman First Class, 45 days extra duty 
(15 days suspended), and a reprimand. 

On 27 June 12, the applicant was furnished a general discharge, 
and was credited with 5 years, 4 months, and 28 days of active 
service.   

On 10 Jan 14, the applicant appealed to the AFDRB to have his 
discharge upgraded to honorable; however, the AFDRB denied his 
application.  They concluded the discharge was consistent with 
the procedural and substantive requirements of the discharge 
regulation, was within the discretion of the discharge 
authority, and the applicant was provided full administrative 
due process (see AFDRB Hearing Record at Exhibit B).  

A copy of the Clemency Information Bulletin was forwarded to the 
applicant on 21 May 15 for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.


AIR FORCE EVALUATION:

Secretary of the Air Force Personnel Council (SAFPC) recommends 
denial indicating there is no or additional information 
presented by the applicant to the Board.  In view of the 
abovementioned findings, there exists no legal or equitable 
basis for upgrade.  

A complete copy of the SAFPC evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the counsel 
on 28 Jan 16 for review and comment within 30 days (Exhibit E).  
As of this date, no response has been received by this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

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 agree with the opinion and 
recommendation of the Secretary of the Air Force Personnel 
Council and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.


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-2015-01907 in Executive Session on 15 Mar 2016 under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 May 15.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 21 May 15, w/atch.
      Exhibit D.  Letter, SAFPC, dated 12 Jan 16.
	Exhibit E.  Letter, AFBCMR, dated 28 Jan 16.










3