RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-02975

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His discharge Under Other than Honorable Conditions (UOTHC) be upgraded to an unspecified discharge.

APPLICANT CONTENDS THAT:

His youth and immaturity at the time and the stress of the mission made him turn to drugs and alcohol, however he still accomplished his assigned tasks as directed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman.

On 26 May 77, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force under the provisions of AFM 39-12 for conviction by civil authorities for an offense for which the maximum penalty under the UCMJ, Article 134, is a Dishonorable Discharge and 10 years confinement.  The reasons for the action included:  On 10 May 77, the applicant was convicted of possession of a controlled substance to wit; heroin and placed on 10 years’ probation.

On 26 May 77, the applicant acknowledged receipt of the action and on 3 Jun 97 elected to waive his right to a hearing before an administrative discharge board and submitted statements on his own behalf.

On 17 Jun 77, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 8 Jul 77.  

On 11 Jul 77, the applicant was furnished an under other than honorable conditions discharge, and was credited with 6 years, 7 months, and 15 days of active service, with 59 days lost.

On 18 Nov 83, the applicant submitted a request to upgrade his UOTHC discharge to the Air Force Discharge Review Board where his request was denied and it was concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and he was provided full administrative due process. 

A request for post-service information was forwarded to the applicant on 27 Sep 16 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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.  The Board remains unconvinced the evidence presented demonstrates 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 AFBCMR Docket Number BC-2016-02975 in Executive Session on 16 May 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, dated 19 Nov 15.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Letter, AFBCMR, dated 17 Sep 16.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for AFBCMR Docket Number BC-2016-02975.