RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02465

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

When he enlisted, he was a young man.  He made a bad decision that ultimately caused his discharge.

In support of his request for clemency, the applicant provides a character statement from a state senator who has known the applicant for more than twenty years.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 31 March 1999.

On 19 June 2002, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, for misconduct, specifically drug abuse.  The reason for the action was the applicant wrongfully used marijuana for which he received Article 15 punishment consisting of reduction to the rank of E-2 (airman).

On 19 June 2002, the applicant acknowledged receipt of the discharge notification and after consulting with counsel, he submitted a waiver and provided a statement for the discharge authority’s consideration.

On 27 June 2002, the staff judge advocate found the discharge action legally sufficient and recommended that the applicant be separated with an under other than honorable conditions discharge, without probation and rehabilitation.  The discharge authority approved the recommendation on 1 July 2002.

On 11 July 2002, the applicant received an under other than honorable conditions discharge.

On 1 November 2013, the applicant appealed to the Air Force Discharge Review Board (AFDRB) for an upgrade of his discharge to honorable.  On 28 August 2014, the AFDRB considered his appeal and concluded that there was no evidence to justify an upgrade of the discharge characterization to honorable.  However, the AFDRB also concluded that the discharge was not consistent with other cases having similar circumstances and that the overall quality of the applicant’s service is more accurately reflected by a general (under honorable conditions) discharge.  The DD Form 214, Certificate of Release or Discharge from Active Duty, was to be corrected to reflect a general (under honorable conditions) discharge.

On 25 October 2017, 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 characterization, as upgraded by the AFDRB, 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-2017-02465 in Executive Session on 28 June 2018:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 9 May 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, AFBCMR, dated 25 October 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.