RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2018-00143

XXXXXXXXX					COUNSEL: XXX

							HEARING: YES

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded to a General, Under Honorable Conditions, discharge.

APPLICANT CONTENDS THAT:

He was discharged because he procured marijuana and gave it to his brother, but he did not use it.  He then made a poor choice when he alerted an airman he was selected for drug testing.  He regrets his actions, and cooperated with law enforcement.  He had no other instances of misconduct during his service.  He has grown as a husband, father and citizen.  His actions, and negative service characterization, weigh heavily on him.  He requests upgrade on the basis of clemency.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.  

On 19 Jul 12, court-martial charges were preferred on the applicant for wrongful possession and distribution of marijuana, and failure to follow notification procedures for random urinalysis testing.

On 26 Jul 12, the applicant requested discharge in lieu of trial by court-martial.

On 26 Jul 12, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 3 Aug 12.  

On 9 Aug 12, the applicant was furnished a UOTHC discharge.

The applicant has three cases with the Air Force Discharge Review Board (DRB), with the following results:

2013:  The applicant was offered a personal appearance but declined; the Board denied the request for upgrade based on the available service record.

2015:  The applicant appealed the DRB’s decision, and testified via video teleconference; the Board denied the appeal.

2017:  Not considered.  According to AFI 36-3213, Air Force Discharge Review Board (DRB), an applicant may have one record review; the applicant already had a personal appearance with the DRB.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

SAF/MRBP recommends denying the application.  

In 2013 the applicant’s request for discharge upgrade was unanimously denied by the DRB.  In 2015 the applicant applied for a personal appearance to the DRB, and was denied by a 3 to 2 vote.  The applicant has exhausted all avenues through the DRB.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Jun 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was 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 error or injustice.  The Board concurs with the rationale and recommendation of SAF/MRBP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  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.  Should the applicant provide a FBI report, the Board would be willing to reconsider his request.  In view of the above, 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:  

The applicant be informed that 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-2018-00143 in Executive Session on 9 Oct 18:

, 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, w/atchs, dated 26 Dec 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, SAF/MRBP, dated 2 May 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 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.