RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04770

                     		COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

2.  He receive any additional awards he may be eligible for.

APPLICANT CONTENDS THAT:

Due to being recognized with multiple service awards and two letters of commendation during his service; he should be allowed to have his general (under honorable conditions) discharge upgraded to honorable and to receive any additional awards he may be eligible for.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

On 8 Apr 92, the applicant entered active duty in the Regular Air Force.

On 4 Aug 94, the applicant received a referral Enlisted Performance Report (EPR) for poor duty performance.

On 29 Aug 94, he was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for dereliction in the performance of his duties.

On 20 Dec 94, his commander issued him a direct order of no contact with the wife of a fellow Airman.

On 24 Jan 95, the applicant received a record of proceeding to vacate the suspended nonjudicial punishment, thus executing the reduction to the grade of Airman (E-2) in accordance with the previously received Article 15.

On 13 Jul 95, the applicant received a Letter of Reprimand (LOR) from his commander for disrespecting his supervisor and trainer.

On 18 Jul 95, an Unfavorable Information File (UIF) was established on the member. 

On 7 Nov 95, the applicant’s commander recommended to the wing commander (WG/CC) that the applicant be furnished a general (under honorable conditions) discharge for a pattern of misconduct.

On 13 Nov 95, the wing judge advocate (WG/JA) initiated the procedures of an administrative discharge under AFI 36-3208.

On 22 Nov 95, the commander approved the applicant for discharge.  Probation and rehabilitation was considered, but was not afforded to he applicant.

On 27 Nov 95, the applicant was furnished a general (under honorable conditions) discharge and was credited with 3 years, 7 months, and 19 days of active service.

On 9 Mar 16, the applicant was provided an opportunity to provide additional documentaray evidence related to his activities since leaving the service.  As of this date, no response has been received by this office (Exhibit D).

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial for the request of any additional awards that the applicant may be eligible to receive for his active duty service.

AFPC/DP3SP was unable to verify any additional awards other than those already listed on the applicant’s Certificate of Release or Discharge from Active Duty (DD Form 214).

A complete copy of the ARPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Jun 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has 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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence on 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.  Additionally, the applicant’s request to receive any additional awards he may be eligible for was also not favorably considered.  The applicant’s official military record does not present evidence to indicate he should have received additional awards.  Therefore, we find no basis to recommend granting the relief sought by the applicant.

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-2015-04770 in Executive Session on 2 March 2017 under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Nov 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 6 May 16.
	Exhibit D.  Letter, Clemency, dated 9 Mar 16.
	Exhibit E.  Letter, AFBCMR, dated 13 Jun 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 pertaining to AFBCMR Docket Number BC-2015-04770.