RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02420

	COUNSEL: 
	
	HEARING: YES

APPLICANT REQUESTS THAT:

His discharge Under Other than Honorable Conditions (UOTHC) be upgraded to a discharge Under Honorable Conditions (General).

APPLICANT CONTENDS THAT:

He had an agreement with his commander to receive a General Discharge.  Subsequent to the agreement, there was a discovery of marijuana in his car. He was promised to keep the agreed upon general discharge with his cooperation with the police or receive an UOTHC if he did not cooperate.  He cooperated; however, he received an UOTHC discharge.  He was told that he could get an upgrade to honorable in six months.  He never followed up; however, he would like an upgrade at this time.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.    

On 29 July 1997, the applicant was notified of his commander’s intent to recommend an Under Honorable Conditions (General) discharge from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, for his misconduct.  Subsequently, he was apprehended for attempting to bring marijuana onto the installation, as such his discharge package was withdrawn.  

On12 August 1997, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, for drug abuse, a pattern of misconduct, and discreditable involvement with military authorities.  The reasons for the action were as follows:

a.	Verbal Counseling for reporting to duty late and failure to pay his debts

b.	Letter of Reprimand for excessive personal use of government phone and unprofessional behavior towards a non-commissioned officer.

c.	Non-judicial punishment (NJP)) under Article 15 for assaulting a fellow airman by striking him in the nose and breaking it, as well as, drinking underage.

d.	NJP for wrongfully using marijuana and introducing 45.52 grams of marijuana onto a military installation.  

On14 August 1997, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 25 August 1997.  

On 29 August 1997, the applicant received an Under Other Than Honorable Conditions discharge. 

For more information, see the excerpt of the applicant’s record at Exhibit B.   

THE BOARD CONCLUDES THAT:

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

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 injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

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-2016-02420 in Executive Session on 29 May 2018:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 June 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR to applicant, w/atch, dated 26 October 2016.

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