RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01187

	COUNSEL:
	
	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was intimidated into admitting he used marijuana when he was not using.  He provided full blood tests to prove his innocence, which were negative.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 4 Nov 83, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force under the provisions of AFR 39-10 for misconduct with a general discharge.  The reasons for the action include:

a.	On 29 Aug 82, the applicant was cited for speeding and possessing open containers in the vehicle he was driving and received a Letter of Reprimand.

b.	On 20 Sep 82, the applicant, without authority, went from his appointed place of duty and received a Letter of Reprimand.

c.	On 26 Jan 83, the applicant wrongfully used and possessed some amount of marijuana and received an Article 15. 

d.	On 11 Sep 83, the applicant, without authority, went from his appointed place of duty and received an Article 15.

On 7 Nov 83, the applicant acknowledged receipt of the action and on 7 Nov 83 he elected to consult counsel and waived his right to submit statements.

On 14 Nov 83, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 22 Nov 83.

On 23 Nov 83, the applicant received an general (under honorable conditions) discharge, for Misconduct-Pattern Discreditable Involvement with Military or Civil Authorities and was credited with 3 years, 3 months and 16 days. 

On 12 Oct 17, 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.

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-2016-04924 in Executive Session on 6 Jun 18:

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

Exhibit A:	Application, DD Form 149, dated 22 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR to applicant, dated 12 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2016-04924.