RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02506

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

His discharge Under Honorable Conditions (General) be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He was discharged after a single failed Urinalysis, without the opportunity to correct his error in judgment.  He was not informed of his rights or opportunity for legal counsel.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air National Guard Senior Airman.

On 29 Oct 97, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air National Guard under the provisions of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, Chapter 1, paragraph 1.16 and Chapter 3, paragraph 3.21.3.2., Table 3.1, Rule 44, for Misconduct/Drug Abuse.  The reason for the action was as follows:

	The Air Force Drug Testing Laboratory at Brooks Air Force Base, Texas, reported a positive confirmation of Marijuana in the urine sample submitted by the applicant on 13 Sep 97.

On 6 Apr 98, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 10 Jan 99.

On 15 Jan 99, the applicant received an Under Honorable Conditions (General) discharge. 

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

On 25 Aug 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).  As of this date, no response has been received by this office.

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-2016-02506 in Executive Session on 10 Apr 18:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit D:	Clemency Letter, SAF/MRBC to applicant, dated 25 Aug 16.

Taken together with all Exhibits, this document, Docket Number BC-2016-02506, constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.