RECORD OF PROCEEDINGS

IN THE MATTER OF:                                     DOCKET NUMBER: BC-2019-01157

XXXX X. XXXX                                                COUNSEL: NONE
	
                                                                             HEARING REQUESTED: NOT INDICATED 

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He enlisted in the Air Force in 1974 and served his country with distinction for the first six years.  He received two good conduct medals and completed the supervisor course during his military service.  The last year and a half of his military service was one of the lowest points in his life and he is truly ashamed of the behavior that caused his discharge.  He was going through a difficult divorce and made several bad decisions, which he will regret for the rest of his life.  

Over 35 years has passed since his discharge and he has learned from his mistakes.  He is not perfect but has strived to become a better person and has been an upstanding member of his community.  When he initially left the Air Force he had three jobs over a four-year period and completed two years of college.  In 1986, he began working as a Certified Marine Mechanic and worked for the same company until 2016 when the company was forced to close their business.  

He has volunteered over 1,200 hours as a transportation coordinator with the Disabled American Veterans and personally transported over 200 veterans and arranged transportation for hundreds more.  Prior to that he volunteered as a coach with the Special Olympics from 1997-2011.  When his health began to fade he worked as a photographer. 

He makes no excuses for the actions that precipitated his discharge.  He asks the Board to review his performance since leaving the military and upgrade his discharge to honorable for the man he has become since his discharge.

In support of his request, the applicant provides a personal statement to the Board and four letters of support.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman (E-2) who initially entered the Regular Air Force on 28 June 1974.  

On 20 May 1981, according to Special Court-Martial Order No. 7, the applicant was found guilty for wrongfully using marijuana and wrongfully communicating a threat to injure or kill, in violation of Article 134, Uniform Code of Military Justice 

On 11 March 1982, the applicant’s commander notified him of his intent to impose nonjudicial punishment for wrongful use of marijuana on or about 1 Dec 80 to on or about 31 Aug 81.  On the same day, the applicant accepted nonjudicial punishment and did not make a written or oral presentation.  The applicant was reduced in grade from E-3 to E-2 and ordered to forfeit $144.

On 16 April 1982, the applicant received an under honorable conditions (general) discharge and was credited with 7 years, 9 months, and 19 days of active service.  His narrative reason for separation is “Unsuitability-Apathy, Defective Attitude-Evaluation Officer.”

For more information, see excerpts of the documentary evidence and applicant’s record at Exhibit B.

POST-SERVICE INFORMATION

On 11 May 2019, the Board sent the applicant a request for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI), which the applicant provided (postmarked) on 28 June 2019 (Exhibit D).  According to the FBI report dated 12 June 2019, the applicant has had no arrests since his discharge.

APPLICABLE AUTHORITY

On 25 Jul 18, the Under Secretary of Defense issued supplemental guidance (Wilke Memo) to military corrections boards in determining whether relief is warranted based on equity, injustice, or clemency.  These standards authorize the board to grant relief in order to ensure fundamental fairness.  Clemency refers to relief specifically granted from a criminal sentence and is a part of the broad authority Boards have to ensure fundamental fairness.  This guidance applies to more than clemency from sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  Each case will be assessed on its own merits.  The relative weight of each principle and whether the principle supports relief in a particular case, are within the sound discretion of each Board.  In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, the Board should refer to the supplemental guidance, paragraphs 6 and 7. 

The entire guidance can be found at Exhibit B. 

On 3 Aug 20, copies of the Board guidance memoranda were provided to the applicant for complete transparency (Exhibit E).

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  While the Board finds no error in the original discharge process, the Board recommends relief based on clemency and on liberal consideration.  The Board considered the applicant’s community service, his expression of remorse, and the absence of any criminal record since discharge in making our recommendation.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 16 April 1982, he was honorably discharged with a narrative reason for separation of “Secretarial Authority,” a separation code of “JFF” and that he was furnished an honorable discharge certificate.

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-2019-01157 in Executive Session on 2 September 2020:

Mr., Panel Chair 
Ms., Panel Member
Mr., Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 November 2018.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, dated 10 May 2019.
Exhibit D:	Additional documents, applicant, postmarked 28 June 2019.
Exhibit E:	Letter, SAF/MRBC, w/atchs, dated 3 August 2020.

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