RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01930

 						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was only 19 to 20 years old when he went into the service and he did not have any direction.  His calling came after his discharge when in 1986 he and his brother created a business.  It is a successful construction company which has been in business for over 29 years.  They have built over 30 homes and over 100 additions in their area.  They have many more years to provide a service and help make their community more attractive.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 21 April 1983, the applicant entered the Regular Air Force.

On 7 June 1984, the applicant’s commander imposed nonjudicial punishment consisting of reduction to the grade of Airman Basic (AB, E-1), forfeiture of $150.00 of his pay and correctional custody for a period of 14 days.  The reduction to the grade of AB was suspended until 7 September 1984.  The record is silent on the reason for the non-judicial punishment.

On 25 June 1984, the applicant’s commander remitted the unserved portion of the punishment relating to correctional custody.      

According to an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 28 August 1984, the applicant received an Article 15 for operating a motor vehicle on or about 25 August 1984 while drunk.  The applicant was reduced to the grade of AB, ordered to forfeit one half of his pay per month for two months and ordered to correctional custody for 30 days.

On 12 September 1984, he was discharged in the grade of AB with a general (under honorable conditions) discharge and a narrative reason for separation of “Misconduct-pattern of minor disciplinary infractions.”  He served one year, four months and 22 days on active duty.  

On 17 July 2015, SAF/MRBR provided the applicant with an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C).  As of this date, this office has not received a response.  

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.  

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete submission in judging the merits of this case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  In the interest of justice, we considered upgrading the discharge based on clemency; however, there was no evidence presented to warrant recommending granting relief on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.   

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 our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-01930 in Executive Session on 3 May 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated May 2015.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 17 July 2015.