RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02064

	COUNSEL:

	HEARING: YES

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Although he got in trouble for drug abuse during his military service, he wore the uniform proudly.  Since his discharge, he has been a law-abiding citizen and has been employed as a public school teacher.  From the time of his discharge to present, he has served honorably as a teacher, an American, and a role model.  

In support of his request for clemency, the applicant reflects that he is providing letters of recommendation; however, there were no documents attached to his application.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 24 August 1979.

On 12 September 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.  The specific reason for this action was the applicant’s frequent involvement of a discreditable nature with military authorities as evidenced by three non-judicial punishment actions under Article 15 of the Uniform Code of Military Justice and one letter of reprimand.

On 24 September 1980, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 1 October 1980.

On 14 October 1980, the applicant received a general (under honorable conditions) discharge.

On 20 November 2017, the Board staff sent the applicant a request for post-service information (Exhibit C); however, he has not replied.

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.

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-2017-02064 in Executive Session on 12 July 2018:

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

Exhibit A:	Application, DD Form 149, dated 12 April 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 20 November 2017.

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