RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03121

	COUNSEL: NONE	

 	HEARING: YES	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Clemency is warranted based on the facts of the case surrounding his discharge and his post-service history.  He suffers from the adverse effects of his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman First Class.  

On 12 Apr 79, the applicant was notified of his commander’s intent to impose Non-Judicial Punishment (NJP) for one charge and one specification of violating a lawful general regulation in violation of Article 92, Uniformed Code of Military Justice (UCMJ). 

On 21 Apr 80, applicant was convicted by the Ipswich Crown Court, Ipswich, Suffolk, United Kingdom of: aiding and abetting the supply of medicine, supplying medicine, possessing cannabis, and allowing others to smoke cannabis at his residence.  His conviction carried a maximum penalty under UCMJ of confinement for 1 year or more for each count.  

On 23 Dec 80, applicant was discharged from the Air Force with a General (UHC) discharge with the basis being his civilian conviction.  

A request for post-service information was forwarded to the applicant on 24 Oct 16 (Exhibit C).  The applicant provides copy of FBI report dated 14 Dec 16 which shows he was arrested on 14 Apr 79 for 5 counts of unlawful possession and supply of drugs (Exhibit D).

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  There is no evidence or allegation of error or injustice that tends to undermine the NJP he received in 1979.  The applicant appealed to the Air Force Discharge Review Board (AFDRB) in 1983 but they declined to grant him the relief he requested.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 8 May 17 for comment (Exhibit F), but has received no response.

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 error or injustice.  The Board concurs with the rationale and recommendation of AFLOA/JAJM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2016-03121 in Executive Session on 19 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	 Letter, AFBCMR, dated 24 Oct 16.
Exhibit D:	 FBI Report, dated 3 Jan 17.
Exhibit E:	Advisory opinion, AFLOA/JAJM, dated 6 Feb 17.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 8 May 17.

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