RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01743

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He was not found to have drugs in his system.  He is guilty of trying to circumvent the test.  He volunteered to leave active duty.  The words “drug abuse” should not appear on his DD Form 214, Certificate of Release or Discharge from Active Duty, because .a positive uniralsys was never established.  He would like his records looked at to see what kind of airman he was.  He panicked and made a mistake.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant agues he tried to circumvent the test but no drugs were found in his system.  However, the 12 Feb 85 letter states, “The commander's discharge recommendation is based upon SrA Doss' use of marijuana. Through a random urinalysis, he was ordered to submit a urine sample to be tested for THC.  Instead, he submitted a false sample and for this, he received an Article 15. Because the applicant had attempted to evade the test, the Commander had probable cause to direct him to submit another urine sample.  This sample tested positive for THC. The Commander's reason for discharge is drug abuse, but his characterization is based upon both acts of misconduct.

On 4 Feb 85, 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, paragraph 5-49c.  The reason for the action was for wrongfully using marijuana.

On 12 Feb 85, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 19 Feb 85.

On 20 Feb 85, the applicant received a general discharge after serving 9 years, 3 months, and 27 days of active service.  

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICANT’S REVIEW OF CLEMENCY BULLETIN.  The Board sent a copy of the Clemency Bulletin to the applicant on 20 Nov 17 for comment (Exhibit C).  We received the applicant’s rebuttal and a copy of his FBI report.  The applicant reiterates his original contentions and notes that he had a lapse in judgment that led to his misconduct.  He has worked for over 18 years for a transit company in Denver and is now a Division Supervisor, which he oversees 165 employees, does employees payroll, attendance, and drug testing, see Exhibit D.  

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.  The discharge was not unduly harsh or disproportionate to the offenses committed.  Although the applicant states a positive uranalysis was not established, according to the evidence it was.  As such, the Board does not find that his narrative reason for separation is in error. In the interest of justice, the Board considered upgrading the discharge based on clemency; however, the Board did not find the evidence presented sufficient to recommend granting relief on that basis.  Therefore, in the absence of evidence to the contrary, the Board finds no basis to recommend granting the relief sought.

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-2017-01743 in Executive Session on 11 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, SAF/MRBC to applicant, dated 20 Nov 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.