RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03576

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

When he enlisted, he was going to be a father for the first time.  He had difficulty finding employment and thought that if he joined the military, this would be a way for him to provide for his family.  He did not fully disclose his history of drug use to his recruiter because he thought that if he did so, he would be denied the opportunity to enlist.  During his enlistment, he performed his duties well, served honorably, and did not have any disciplinary actions prior to his discharge action, all of which he feels justifies upgrading his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 9 June 1999.

On 8 September 2000, 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 fraudulent entry.  The reason for the action was the applicant fraudulently enlisted in the United States Air Force by making knowingly false representations that he had not used any other illegal narcotic except marijuana, when in fact he had ingested Lysergic Acid Diethylamide on numerous occasions prior to enlistment.

The discharge action was found legally sufficient, and the discharge authority approved the recommendation on 27 September 2000.

On 4 October 2000, the applicant received a general (under honorable conditions) discharge.

On 1 November 2017, the Board sent a request for post-service information to the applicant (Exhibit C), but has received no response.

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.

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-2017-03576 in Executive Session on 21 June 2018:

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

Exhibit A:	Application, DD Form 149, dated 1 August 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, SAF/MRBC, dated 1 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.