RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04280

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He service in the Air Force was good until the very end when he made his mistakes.  He suffers from Post-Traumatic Stress Disorder (PTSD) as well.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

Per Form 909, Airman Performance Report (Airman Basic thru Senior Airman), from date of entry until just prior to offense, the applicant received 8’s and 9’s out of 9 ratings.

On 13 Nov 81, per Standard Form 600, Chronological Record of Medical Care, the Examiner noted, “Airman was seen in the mental health clinic on a self-referral.  Refer to mental health record.”

On 23 Nov 81, per Standard Form 600, the Examiner noted, “Patient seen in mental health clinic per his request.  Refer to mental health record.”

On 10 Dec 81, per Standard Form 600, the Examiner noted, “No health problems. Denies alcohol/drug use. Patient states that he was set up and threatened with bodily harm (guns were held on him), and he was forced to buy the marijuana.”

On 29 Dec 81, per the applicant’s Report of Medical Examination for the purpose of separation, the Examiner noted, “No evidence of mental illness.  Patient is able to distinguish right from wrong, adhere to the right, and to testify in his own behalf during board proceedings.”  Also recorded: “Examinee has no disability warranting separation under provisions AFR 35-4”.

On 16 Feb 82, per Standard Form 600, the applicant was referred to the Mental Health Clinic and entered Drug Rehab pending discharge actions.

On 6 May 82, per General Court-martial Order No. 16, the applicant was found in violation of the Uniform Code of Military Justice, Article 134 (wrongful possession of marijuana), after pleading guilty and received a sentence of discharge from the service with a bad conduct discharge, confined to hard labor for sixty days and received reduction in grade to airman basic.

On 23 Mar 83, the applicant received a Bad Conduct discharge and was credited with 5 years, and 4 days active service.

A request for post-service information was forwarded to the applicant on 17 May 17 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 advisories at Exhibit D and Exhibit E.

AIR FORCE EVALUATION:

AFLOA/JAJM and the BCMR Psych Advisor recommends denying the application.  The applicant bases his request on the assertion in his petition that he is bi-polar and has PTSD; however, he has provided no medical records to support that request.  The applicant has not provided any medical/mental health records or other additional evidence after his discharge from service in 1983 to support his assertion that his mental health mitigated his misconduct.  The complete advisories are at Exhibit D and Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 08 May 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

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 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-2016-04280 in Executive Session on 20 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter and Clemency Bulletin, SAF/MRBC, dated 17 May 17.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 16 Oct 17.
Exhibit E:	Advisory opinion, BCMR/Psych Advisor, dated 27 Apr 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 08 May 18.

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