RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00174

	COUNSEL: 

 	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was falsely accused of using pot because he associated with others who used it.  He never tested positive for any drug.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.  

On 18 Aug 88, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10 for misconduct.  The reasons for the action were as follows:

a.	The applicant wrongfully used marijuana on three separations between 25 Nov 87 and 5 May 88.

b.	On 27 Jul 88, the applicant received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for the wrongful use of marijuana.  The applicant was reduced to the grade of airman.

On 30 Aug 88, the discharge action was found legally sufficient, and the discharge authority approved the recommendation.

On 20 Sep 88, the applicant received an Under Honorable Conditions (General) discharge.

On 26 Sep 17, a request for post-service information was forwarded to the applicant for comment (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.
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-2017-00174 in Executive Session on 15 May 18:

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2017-00174:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 26 Sep 17.

Taken together with all Exhibits, this document, Docket Number BC-2017-00174, constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.