RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03628

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His deputy commander made the decision to downgrade his discharge personal.  The applicant knows many other guardsmen who are still serving in the military that made the same or similar error and were not discharged.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially enlisted under the Break in Training Option program with the Air National Guard with a date of enlistment of 27 Feb 09.  

On 30 Jun 09, the applicant departed for Basic Military Training.  

On 31 Aug 09 he completed training, was furnished an Honorable discharge, and was credited with six months of active service.   

On 31 Jan 14, the applicant was furnished an Under Honorable Conditions (General) discharge and was credited with 4 years, 11 months, and 4 days of net service.  

On 16 May 16, the Air Force Board for Correction of Military Records (AFBCMR) staff advised the applicant that AFI 36-2603, Air Force Board for Correction of Military Records, requires that if an applicant has not exhausted all available effective administrative remedies, the application will be denied by the Board on that basis.  He was further advised that the Air Force Discharge Review Board (AFDRB) is the first level of review for those who are seeking a change to the characterization of service.  The AFBCMR invited the applicant to administratively close his case until such time that he was able to avail himself of the administrative avenue (Exhibit C).  A follow-up email was sent on 2 Nov 16.  

On 3 Nov 16, the applicant responded stating he wants to pursue his case to the Board so he could reenlist (Exhibit D).

THE BOARD CONCLUDES THAT:

1.  The applicant has not exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The applicant was advised by the AFBCMR staff there is an available avenue of administrative relief the applicant has not first pursued (AFDRB).  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03628 in Executive Session on 8 Dec 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03628 was considered:

	Exhibit A.  DD Form 149, dated 17 Aug 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 31 May 16, w/atch.
	Exhibit D.  Applicant’s Rebuttal, dated 3 Nov 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.