RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02072

XXXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His service during his enlistment was outstanding.  He was discharged because he tested positive for marijuana during a urinalysis drug test.  He denied ever using drugs while he was in the service and was discharged because he never admitted to it.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 28 January 1980.

On 25 May 1984, 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, Administrative Separation of Airmen, for misconduct (pattern of misconduct prejudicial to good order and discipline).  The applicant had five instances of misconduct as evidenced by two letters of counseling, two letters of reprimand, and a commander directed urinalysis in which the applicant tested positive for marijuana.  On the same day, the applicant acknowledged receipt of the discharge notification.

On 18 June 1984, the Staff Judge Advocate found the discharge legally sufficient, and recommended the discharge authority approve the applicant’s separation with a general discharge, without probation and rehabilitation.  On 21 June 1984, the discharge authority approved the recommendation.

On 29 June 1984, the applicant received a general (under honorable conditions) discharge.

On 14 December 2017, a request for post-service information was forwarded to the applicant for review and comment (Exhibit C).  The applicant replied with a package postmarked 18 July 2018 and provided a background check from the Federal Bureau of Investigation dated 25 May 2018 and also provided several character statements (Exhibit D).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits D and E.

AIR FORCE EVALUATION:

AFPC/JA recommends denying the application based on the merits.  The record shows that the characterization that the applicant received was based on misconduct other than the failed drug test and the discharge action was legally sufficient.  The complete advisory is at Exhibit D.

AFPC/DP2STM recommends denying the application based on the merits.  The commander provided sufficient documentation to warrant discharge.  The base discharge authority reviewed the recommendation and determined that both the discharge and the service characterization were appropriate in this case.  Based on review of the applicant’s request and the master of personnel record, there is no error or injustice with the discharge processing.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 11 July 2018 for comment (Exhibit F), 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.

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-2017-02072 in Executive Session on 16 August 2018:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 13 April 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 14 December 2017.
Exhibit D:	Advisory opinion, AFPC/JA, dated 22 June 2018.
Exhibit E:	Advisory opinion, AFPC/DP2STM, dated 10 July 2018.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 11 July 2018.
Exhibit G:	Applicant’s response, postmarked 18 July 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.