RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04037

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

His discharge Under Other than Honorable Conditions be upgraded to Under Honorable Conditions (General) or Honorable.

APPLICANT CONTENDS THAT:

He abused drugs during his service in Vietnam and was sent to a drug rehabilitation facility at Lackland AFB, TX where he successfully completed rehabilitation.  He was sent to Patrick AFB, FL to fulfill his four-year commitment and was not returned to duty in his career field.  He was placed under modified duties until he was discharged.  He regrets his youthful indiscretions and use of drugs.  He wants his discharge upgraded in order to clear his name and be eligible for veteran’s benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 5 Jun 72, the applicant received a Letter of Counseling from his Flight Chief for the following disciplinary reasons:

a.	 On 1 Jun 72, the applicant did not pass his room inspection.  

b.	 On 2 Jun 72, the applicant failed to have his room inspection ready.

c.	On 3 Jun 72, the applicant was not dressed and his room was not ready for inspection.

On 9 Jun 72, 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 one charge and specification of dereliction of duty, willfully failing to have his room ready for inspection, in violation of Article 92, UCMJ. 

On 24 Feb 73, 25 Feb 73, and 26 Feb 73, the applicant tested positive for drugs during urinalysis while at Tan Son Nhut AB, Vietnam.

On 18 Sep 73, 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 two charges and specifications of disobeying a lawful order, in violation of Article 92, UCMJ. 

On 10 Oct 73, 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 two charges and specifications of disobeying a lawful order, in violation of Article 92, UCMJ. 

On 28 Jan 74, 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 two charges and specifications of failure to go to his place of duty, in violation of Article 86, UCMJ. 

On 23 Apr 74, the applicant received an Under Other Than Honorable Conditions discharge. 

A request for post-service information was forwarded to the applicant on 14 Dec 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-2016-04037 in Executive Session on 10 Jul 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 22 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 14 Dec 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.