RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04211

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

Sufficient time has passed to request an upgrade to his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman (E-2).  

On 9 May 1986, the applicant was notified of his commander’s intent to recommend his discharge from the Air Force under the provisions of Air Force Regulation (AFR) 39-10, Administrative Separation of Airmen, for drug abuse.  The reason for this action are due to the following:

	a. 25 July 1985, received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ), for wrongful use of marijuana.

	b. 18 April 1986, received a Letter of Reprimand (LOR), for wrongful use of marijuana.  

On 22 May 1986, the discharge action was found legally sufficient and additional misconduct that could be considered was addressed in regards to the characterization of the applicant’s discharge.  Specifically, on 17 August 1984, the applicant was issued a Letter of Admonishment (LOA), for a missed appointment.  In addition, on 19 April 1985, he was issued a LOR for an alleged off-base offense of aggravated assault.  

On 23 May 1986, the discharge authority approved the recommendation for a general discharge without probation and rehabilitation.  

On 28 May 1986, the applicant received a general (under honorable conditions) discharge.

On 3 January 2017, a request for post service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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.  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-2016-04211 in Executive Session on 26 June 2018:

All members voted not to correct the record.  The panel considered the following documentary evidence to AFBCMR Docket Number BC-2016-04211:

Exhibit A:	Application, DD Form 149, dated 1 October 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, w/atch, dated 3 January 2017.

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