RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-00067

							COUNSEL: 

							HEARING: NO

APPLICANT REQUESTS THAT:

His General, Under Honorable Conditions, discharge be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

His records will show his performance reviews were very good for his entire enlistment.  His indiscretion mitigates all the good he has done.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman.

On 9 Aug 85, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for use and possession of marijuana.

On 11 Sep 85, the applicant acknowledged receipt of the action and elected to not submit a statement on his behalf.

On 16 Sep 85, the discharge action was found legally sufficient.  

On 15 Oct 85, the discharge authority approved the discharge recommendation.

On 29 Oct 85, the applicant was furnished an Under Honorable Conditions (General) discharge.

A request for post-service information was forwarded to the applicant on 16 Oct 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 Exhibits D and E.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  

The applicant received an Article 15 for use and possession of marijuana.  Drug abuse is not tolerated in the Air Force.  The commander’s decision to impose non-judicial punishment was based on the evidence of the case, and was within the limits of his authority and discretion.  The complete advisory is at Exhibit D.

AFPC/DP2STM recommends denying the application.  

The applicant was discharged for drug abuse.  Airmen are given an under honorable conditions (general) service characterization when negative aspects of their performance or behavior outweigh any positive aspects of their military career.  The discharge was consistent with the procedural substantive requirements and within the discretion of the discharge authority.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 25 Jan 18 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

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.  The Board remains unconvinced the evidence presented demonstrates 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-2017-00067 in Executive Session on 15 May 18:

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

Exhibit A:  Application, DD Form 149, w/atch, dated 23 Dec 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 16 Oct 17.
Exhibit D:  Advisory opinion, AFLOA/JAJM, dated 18 Jan 18.
Exhibit E:  Advisory opinion, AFPC/DP2STM, dated 24 Jan 18.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 25 Jan 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.