RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00817

	COUNSEL: NONE

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

The discharge should be upgraded because of the amount of time that has passed since he was separated.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 12 September 1978.

On 3 January 1980, 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, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, for misconduct - civil court disposition.  The reason for the action was the applicant’s conviction by the British Court of possession and illegal importation of drugs.  The applicant pled guilty to the charges and was assessed a fine.

On 29 January 1980, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 30 January 1980.

On 5 February 1980, the applicant was notified of his commander’s intent to impose nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  The nonjudicial punishment resulted from a 3 February 1980 incident in which the applicant failed to go to his appointed place of duty in violation of Article 86, UCMJ.  The commander found that the applicant committed the alleged offense and imposed a punishment of reduction to the grade of airman basic (E-1).  The applicant did not appeal.  On 7 February 1980, the nonjudicial punishment was found legally sufficient.

On 13 February 1980, the applicant received a general (under honorable conditions) discharge.

On 5 October 2017, a request for post-service information was forwarded to the applicant 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 advisory at Exhibit D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application based on the merits.  They did not find any basis to set aside the applicant’s nonjudicial punishment or to question the fairness of the legal process pursuant to the applicant’s guilty plea.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 22 February 2018 for comment (Exhibit E), 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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2017-00817 in Executive Session on 17 May 2018:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 February 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, SAF/MRBC, dated 5 October 2017.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 20 February 2018.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 22 February 2018.

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