RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03683

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He received a General (Under Honorable Conditions) discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman.  

On 13 Jan 84, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-31.  The reasons for the action were as follows:

a.	On 11 Nov 81, the applicant tested positive, during a urinalysis test, for cocaine.

b.	On 4 Feb 82, the applicant was issued a Letter of Reprimand for possession of a controlled substance, to wit:  a pipe with marijuana residue.

c.	On 20 Apr 83, the applicant tested positive, during a urinalysis test, for Tetrahydrocannabinol (THC).

d.	On 19 May 83, the applicant was issued nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongful use of Tetrahydrocannabinol, a Schedule I controlled substance, in violation of Article 134, UCMJ.  The applicant was reduced to the grade of Airman, with a new date of rank of 20 May 83, forfeited $100 a month for two months, and ordered into correctional custody for 30 days.

e.	On 10 Aug 83, the applicant was entered into the Drug Rehabilitation Program.

f.	On 26 Oct 83, the applicant tested positive during a urinalysis test, for THC.

g.	On 23 Nov 83, the applicant was failed from the Drug Rehabilitation Program.

On 24 Jan 84, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 24 Jan 84.

On 30 Jan 84, the applicant received a General (Under Honorable Conditions) discharge. 

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

On 8 Nov 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).  On 22 Dec 16, a second request for post-service information was forwarded to the applicant (Exhibit D).  In response, the applicant stated he worked hard and did his duty to the best of his ability.  The only excuse he can give for his failure is being young and dumb.  The applicant also provided a letter of reference and a copy of his Federal Bureau of Investigation (FBI) report (Exhibit E).

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-2016-03683 in Executive Session on 26 Jun 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/atch, dated 4 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 8 Nov 16.
Exhibit D:	Clemency Letter, SAF/MRBC to applicant, dated 22 Dec 16.
Exhibit E:	Applicant’s response, dated 13 Mar 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.