ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2001-02026-2

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request to have his general (under honorable conditions) discharge be upgraded to honorable.

RESUME OF THE CASE

The applicant is a former Air Force airman third class (E-2).  

On 11 Sep 01, the Board considered and denied his request for a discharge upgrade; finding the applicant had provided insufficient evidence of an error or injustice to justify relief.  The Board decided not to grant relief based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, assumed the applicant's discharge was proper and in compliance with appropriate directives.  The Board found no persuasive evidence the applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied.

On 2 May 19, the applicant again applied to have his general (under honorable conditions) discharge be upgraded to honorable.

On 19 Jun 19, the applicant’s case was closed advising him that an Federal Bureau of Investigation (FBI) Identity History Summary Check was required to consider his case for clemency.  The applicant was sent the Information Bulletin Discharge Upgrade Based On Clemency and the 25 Jul 18 Wilkie Memorandum on Clemency Determination.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibits B and E. 

On 20 May 20, the applicant requested reconsideration of his request for a discharge upgrade.  He again contends he was told by his leadership that he was being discharged with no explanation.  His last rating was good and he was never told his work was below standards.  He graduated technical school third in his class and was taking college courses while in the service.  In support of his reconsideration request, the applicant submitted the following new evidence: (1) a Personal Statement; (2) Character Reference Letter; (3) Two Certificates of Appreciation; and (4) Bachelor of Arts Degree Certificate.
On 26 Oct 20, the applicant provided a FBI Identity History Summary Check, which would indicate whether or not he had an arrest record.  According to the report, the applicant has had no arrests since his discharge.

On 23 Mar 22, the applicant sent in additional information to be considered in his case which includes his military records.  In his statement the applicant contends when a Department of Veterans Affairs (DVA) staff member was reviewing his records, he indicated there was a demotion from airman third class (AC3) to airman basic (AB) and this might have been the reason for his general discharge.  The applicant states if the Air Force was going to discharge him at the time of his demotion, he would not have been promoted back to AC3 prior to his discharge.

The applicant’s complete submission is at Exhibits F, G, and H.

APPLICABLE AUTHORITY/GUIDANCE

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 D, which was provided to the applicant on 19 Jun 19 from his previous case.        

AFI 36-3208, Administrative Separation of Airmen, describes the types of service characterization: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

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 remains unconvinced the evidence presented demonstrates an error or injustice. Due to the lack of military records, the Board had to assume presumption of regularity in regards to the discharge being consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Even though the applicant provided his military records, the records did not contain documentation to the cause of his discharge.  If the applicant could provide this documentation, the Board would reconsider his case for a discharge upgrade based on clemency.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2001-02026-2 in Executive Session on 23 Feb 22 and 13 Apr 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit B:	Record of Proceedings, w/Exhibit A, dated 11 Sep 01.
Exhibit E:  DD 149 w/non-viable letter (Exhibits C and D), dated 19 Jun 19.
Exhibit F:	Application, DD Form 149, w/atchs, dated 20 May 20.
Exhibit G:	FBI Report, dated, 26 Oct 20. 
Exhibit H: Applicant’s Response, w/acths, dated 23 Mar 22.

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.