RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04711

XXXXXXX XXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  His under other than honorable conditions discharge be upgraded. 

APPLICANT’S CONTENTION.  His roommate stored drugs in their shared residence; however, he was found guilty by association.  In support of his request, the applicant provides copies of five character references.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS.  The applicant served in the Regular Air Force from 28 Mar 69 to 18 Apr 71 and was discharged with an under other than honorable conditions character of service.  On 20 Sep 17, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C), as of this date, no response has been received by this office.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION.  AFLOA/JAJM recommends denying the application.  On 30 Oct 70, the applicant was notified of his commander’s intent to impose nonjudicial punishment (NJP) for one charge and specification of wrongfully using marijuana in violation of Article 134, Uniform Code of Military Justice.  A judge advocate found the NJP legally sufficient.  The NJP the applicant received for that incident was actually a suspended reduction in rank; and it was the applicant’s further misconduct that led to his reduction in rank twice in two months and, ultimately, his administrative discharge.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 27 Nov 17 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

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 AFLOA/JAJM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Moreover, the applicant has provided no evidence that would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  In the interest of justice, we considered upgrading the discharge based on clemency; however, in view of the evidence before us, we find no basis to grant clemency at this time.  Therefore, we find no basis upon which to recommend granting the relief sought in this application.

THE BOARD RECOMMENDS:  The applicant be informed that the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application..

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 AFBCMR Docket Number BC-2016-04711 in Executive Session on 22 Mar 18:

	 Panel Chair
	 Member
	 Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 22 Dec 15, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Post Service Clemency Letter dated 20 Sep 17.
Exhibit D: Advisory opinion, AFLOA/JAJM, dated 19 Oct 17.
Exhibit E: Notification of Advisory, SAF/MRBR to applicant, dated 27 Nov 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.