RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05402

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

1.  His discharge Under Honorable Conditions (General) be upgraded to Honorable.

2.  He receive a Military Identification Card.

APPLICANT CONTENDS THAT:

He believes his actions did not warrant being discharged.  He further believes he should have been allowed to remain in the Air Force with a reduction in rank.  His accomplishments while on active duty warranted him receiving a second chance.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman.  

On 1 Jun 82, 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, Chapter 2, Section B, paragraph 2-15c, Drug Abuse.  The reasons for the action were the applicant’s continued use of marijuana between 1 Feb 82 and 18 Apr 82, as evidenced by DD Form 1569, Incident/Complaint Report, No. 4-51-82.

On 26 and 30 Aug 82, an Administrative Discharge Board Hearing was convened.  The Board found the applicant committed the offense of continued use of marijuana, and recommended discharge with a general service characterization, without probation and rehabilitation. 

On 17 Sep 82, the discharge action was found legally sufficient.

On 27 Sep 82, the applicant received a discharge under honorable conditions (general). 

On 19 Dec 17, a request for post-service information and a Federal Bureau of Investigation (FBI) background check was forwarded to the applicant (Exhibit C).  In response, the applicant provided FBI investigative report, which revealed he had no prior arrest data at the FBI (Exhibit D).

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.

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.  While the applicant did provide an FBI report indicating no prior arrest data, he did not provide other documentation of his post-service activities.  Indeed, the bulk of his clemency documents were from before his discharge, and therefore would have been considered by the discharge authority.  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-2017-05402 in Executive Session on 30 Aug 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atch, dated 19 Dec 17.
Exhibit D:	Investigative Report, dated 13 Feb 18.

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