RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04394

	COUNSEL:  NONE	

	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He recently received a 100 percent service-connected disability rating from the Department of Veterans Affairs qualifying him for a military identification (ID) card.  However, the Under Honorable Conditions characterization and the grade reduction invoked double jeopardy and prevents him from obtaining a military ID card.  Although he was demoted, he was allowed to complete his enlistment. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

On 24 Aug 76, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12 for “Unsuitability”.  The reasons for the action were as follows:

	a.  On 12 Mar 76, the applicant was given a letter of reprimand for failure to repair on 1 Feb 76.

	b.  On 2 Jul 76, the applicant was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for, on or about 24 Jun 76, wrongfully possessing some quantity of marijuana, in violation of UCMJ Article 92.  The applicant was reduced in grade to airman first class with a date of rank and effective date of 2 Jul 76.

	c.  On 24 Aug 76, the applicant was given a letter of reprimand for leaving his appointed place of duty without authority on 22 Aug 76.

On 1 Oct 76, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 8 Oct 76.

On 8 Oct 76, the applicant received an Under Honorable Conditions discharge.

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-2016-04394 in Executive Session on 10 Apr 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 31 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC Clemency to applicant, dated 30 Jun 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding Docket Number BC-2016-04394, required by AFI 36-2603, paragraph 4.11.9.