RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-05236

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST. His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

APPLICANT’S CONTENTION.  He was very young and performed his duties with honor.  He has been a productive member of society since being discharged from the service and has earned a Master’s degree in computers.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS. On 17 Jul 81, the applicant was charged with possession of marijuana and the charges were referred to a special court-martial.  On 6 Aug 81, the applicant submitted a request for discharge for the good of the service in lieu of court-martial.  On 27 Aug 81, the commander approved the discharge.  On 4 Sep 81, the applicant was discharged with a UOTHC discharge.  He served 2 years, 6 months and 26 days on active duty. 

On 9 Mar 16 and 21 Sep 16, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response (Exhibit C), but no response was received.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits D, E and F.

AIR FORCE EVALUATION.  AFBCMR Psychiatric Advisor recommends denying the application.  The only reason the applicant received such a negative discharge was his own willingness to pay such a high price to avoid being separated from his new wife.  He admitted to chronic use of marijuana over at least half of his career and there was nothing done in this case that was improper or unfair.  The applicant has not provided any additional supported documentation that might indicate that his life after the military has been of such upright standards.  The complete advisory is at Exhibit D.

AFLOA/JAJM recommends denying the application.  In the applicant’s statement to the Air Force Office of Special Investigations in May 1981, he admits that he used marijuana on average “once every two days” and that he “started using marijuana because I was bored and had nothing to do.”  The legal review reflects that the applicant desired to get out of the Air Force and his statement to OSI appeared to be a thought-out way to do so.  The complete advisory is at Exhibit E.

AFPC/JA recommends denying the application.  The applicant has the burden of providing sufficient evidence of material error or injustice.  The applicant provided no evidence beyond the application itself.  There is no evidence that his discharge characterization was (or is) erroneous or unjust.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent copies of the Air Force evaluations to the applicant on 1 Feb 17 for comment (Exhibit G), but has received no response. 

THE BOARD CONCLUDES:

1.   The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the AFBCMR Psychiatric Advisor, AFLOA/JAJM, and AFPC/JA and find that a preponderance of the evidence does not substantiate the applicant’s contentions and we are not persuaded that the requested relief is warranted.  We note the rationale of the offices of primary responsibility (OPRs) and adopt its rationale as our own, and find no basis on which to recommend favorable action.   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 RECOMMENDS:  The APPLICANT be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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 AFBCMR Docket Number BC-2015-05236 in Executive Session on 28 Mar 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 25 May 2016, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Letter, AFBCMR, dated 2 Sep 2016.
Exhibit D: Advisory opinion, AFBCMR Psychiatric Advisor, dated 17 Nov 2016.
Exhibit F: Advisory opinion, AFPC/JA, dated 17 Oct 2017.
Exhibit E: Advisory opinion, AFLOA/JAJM, dated 17 Nov 2016.
Exhibit G: Notification of Advisory, SAF/MRBR to applicant, dated 1 Feb 2017.

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