RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04036

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He has stayed clean of drugs since his discharge, has been contributing to society, and has been positive in the community.  He is gainfully employed and has no legal issues.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  

On 24 Jul 80, the applicant was notified of his commander’s intent to impose Non-Judicial Punishment (NJP) on him pursuant to Article 15, Uniformed Code of Military Justice (UCMJ), for one charge and specification of wrongful possession of marijuana, in violation of Article 134, UCMJ.

On 24 Nov 82, the applicant received a Letter of Counseling (LOC) for failing to return to his place of duty after a hospital appointment.

On 29 Nov 82, the applicant was discovered to be 90 days delinquent on his Enlistment Open Mess Charge account.  A request for Pay Adjustment Authorization was received regarding collection action against him.

On 1 Dec 82, the applicant received a LOC for poor performance duty and a lack of initiative.

On 1 Dec 82, applicant was notified of his commander’s intent to impose Non-Judicial Punishment (NJP) on him pursuant to Article 15, Uniformed Code of Military Justice (UCMJ), for the following charges:

a.	One charge and specification of violating a lawful general regulation, by having in his possession drug paraphernalia, in violation of Article 92, UCMJ.

b.	 One charge and specification of the wrongful possession of marijuana, in violation of Article 134, UCMJ

On 26 Jan 83, the applicant was notified of his commander’s intent to discharge him for drug abuse according to Air Force Regulation (AFR) 39-10, Administrative Separation of Airman, under the provisions of paragraphs 5-47 and 5-49c.

On 10 Feb 83, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 8 Mar 83.

On 16 Mar 83, the applicant received an UOTHC discharge. 

A request for post-service information was forwarded to the applicant on 21 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-2016-04036 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 13 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR to applicant, dated 21 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 for Docket Number BC-2016-04036.