RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01852

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His discharge was inequitable and based on one incident in two years with no other adverse actions.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 8 Apr 81.  

On 7 Jun 82, the applicant was notified by his commander of his intent to recommend his discharge for frequent involvement of a discreditable nature with civil and military authorities, under the provisions of AFR 39-12, Administrative Separation of Airmen.  The reasons for the action included incarceration for public intoxication, frequent use of marijuana, use of Lysergic Acid Diethylamide (LSD), and possession of marijuana; all in violation of various articles of the UCMJ; for which he received one Letter of Reprimand and one non-judicial punishment action under Article 15 of the Uniform Code of Military Justice.  On this same date, the applicant acknowledged receipt of the notification of discharge.

On 23 Jun 82, the applicant was interviewed by an evaluation officer and elected not to submit a statement concerning the charges being made.  The evaluation officer determined the applicant was not a suitable candidate for rehabilitation and recommended he be furnished a general (under honorable conditions) discharge.  

On 28 Jun 82, the Staff Judge Advocate found the case to be legally sufficient.  On 29 Jun 82, the discharge authority approved the commander’s recommendation directing the applicant’s administrative discharge without the offer of probation or rehabilitation.  On 1 Jul 82, the applicant was furnished a general (under honorable conditions) discharge for Misconduct—Frequent Involvement of a Discreditable Nature and was credited with 1 years, 2 months, and 24 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B. 

On 12 Oct 17, a request for post-service information was forwarded to the applicant for review and comment (Exhibit C).  As of this date, no response has been received by this office.

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, and the absence of post-service information from the applicant, 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-2017-01852 in Executive Session on 21 June18:

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

Exhibit A:	Application, DD Form 149, dated 28 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, 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.