RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2015-05123

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His General, Under Honorable Conditions, discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:

During 1985-1986, he experienced three deaths in his family (cousin, uncle, and mother).  After his mother’s death, something in him changed and his behavior became erratic, for which he was disciplined and demoted.  He recognizes his error and acknowledges his actions during that period were not in line with Air Force protocol.

He did not know these errors could be changed or repealed, but recently learned he could request a review or change to his DD Form 214, Certificate of Release or Discharge from Active Duty. 

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

STATEMENT OF FACTS:

On 30 Apr 82, the applicant initially entered the Regular Air Force. 

On 19 Apr 83, the applicant was issued a Letter of Reprimand (LOR) for, without authority, failure to go at the prescribed time, to his appointed place of duty.  An Unfavorable Information File (UIF) action was initiated and the LOR filed.

On 20 May 83, the applicant was issued a Letter of Reprimand for no-show at testing for his Career Development Course Exam and a delinquent account at the Non-Commissioned Officer’s Open Mess.  The LOR was filed in his UIF and the applicant was placed on the Control Roster.

On 1 May 84, the applicant was issued a Letter of Reprimand for being negligent in that he did not use a spotter to back a government vehicle and, subsequently, backed into a personally-owned vehicle.

On 6 Mar 85, the applicant was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongful use, with the intent to defraud, of another’s government meal card, in violation of Article 134, (UCMJ).  He was ordered to forfeit $50.00 pay and to perform 15 days extra duty.

On 14 Feb 86, the applicant was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for, without authority, failure to go at the time prescribed to his appointed place of duty.  He was reduced to the grade of Airman First Class (E-3), and restricted to base for 30 days.

On 19 May 86, the applicant received a referral Enlisted Performance Report (EPR) for poor duty performance.

On 3 Jun 86, the applicant was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for, without authority, failure to go at the time prescribed to his appointed place of duty.  He was reduced to Airman Basic (E-1) and ordered to undergo correctional custody for 30 days, suspended until 2 Dec 86.

On 10 Jun 86, the applicant was furnished a General, Under Honorable Conditions, discharge, and was credited with 4 years, 2 months, and 11 days of active service.
  
On 4 Mar 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).

On 15 Nov 16, the applicant provided a Federal Bureau of Investigation (FBI) Background Report which indicated no prior arrest data at the FBI.  (Exhibit D).

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 the 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 insufficient evidence presented to warrant recommending granting relief on that basis.  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-2015-05123 in Executive Session on 11 Apr 17 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05123 was considered:

	Exhibit A.  DD Form 149, dated 2 Dec 15, w/atch.
	Exhibit B.  Excerpt from Personnel Record.
	Exhibit C.  Letter, Clemency, dated 9 Mar 16.
Exhibit D.  Federal Bureau of Investigation Background Report, dated 26 Oct 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.