RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03784

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

 	HEARING: YES	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Prior to his Article 15 for drug use, he served with honor and distinction.  He regrets his involvement with drugs and has been a model citizen since his discharge.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Senior Airman.  

On 28 Jan 87, the applicant was notified of his commander’s intent to impose punishment upon him pursuant to Article 15, Uniformed Code of Military Justice (UCMJ) for the wrongful use of marijuana in the hashish form, in violation of Article 112a, UCMJ. 

On 30 Apr 87, the applicant was notified of his commander’s intent to discharge him for drug abuse under the authority of Air Force Regulation (AFR) 39-10, Administrative Separation of Airmen, paragraph 5-49c.

On 9 Apr 87, the discharge action was found legally sufficient and the discharge was approved on 10 Apr 87.

On 16 Apr 87, the applicant was discharged with a UHC (General) discharge. 

A request for post-service information was forwarded to the applicant on 14 Nov 16 (Exhibit C), but no response has been received.

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.  The discharge was not 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-2017-03784 in Executive Session on 21 Aug 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 13 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	 Letter, AFBCMR, dated 14 Nov 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.