RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02469

	COUNSEL:
	
	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His name was provided during a military interrogation for smoking pot and doing drugs.  Without any evidence against him, he was given the choice of going to a drug rehabilitation program, which would remain on his record, or taking a general discharge.  He chose the general discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman.  

On 10 Aug 79, the applicant was notified of his commander’s intent to recommend that he be discharged 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 defective attitude.  The reason for the action was due to his involvement with marijuana.  

On 14 Sep 79, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 18 Sep 1979.

On 21 Sep 79, the applicant received a general (under honorable conditions) discharge. 

On 7 Sep 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.

 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.

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-2016-02469 in Executive Session on 22 May 2018:

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

Exhibit A:	Application, DD Form 149, dated 16 Jun 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 7 Sep 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.