RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02457

	COUNSEL: NONE
	
	HEARING: YES

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His summary of benefits letter received from the Department of Veterans Affairs (DVA) indicates his character of discharge as honorable; therefore, his DD Form 214, Certificate of Release or Discharge from Active Duty, should match.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (E-1).  

On 03 Nov 81, the applicant was notified of his commander’s intent to recommend his discharge from the Air Force under the provisions of Air Force Manual 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, for frequent involvement of a discreditable nature with military authorities.  The reasons for the action were as follows:

a.	2 Apr 81 - non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for possession of marijuana, in violation of Article 121, UCMJ. 

b.	24 Jun 81 - Records of Individual Counseling for falsifying medical records. 

c.	4 Sep 81 – NJP under Article 15, UCMJ for possession of marijuana and wrongful appropriation of government property, in violation of Articles 121 and 134, UCMJ, respectively.  

d.	8 Sep 81 – Record of Individual Counseling for failure to report.   

On 7 Dec 1981, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 11 Dec 81.

On 17 Dec 81, the applicant received a general (under honorable conditions) discharge. 

On 23 Oct 16, a request for post-service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).  

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-2016-02457 in Executive Session on 22 May 2018:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02457:

Exhibit A:	Application, DD Form 149, w/atch, dated 12 Jun 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 23 Oct 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