RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00293

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

The applicant provides no contentions with his application.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 10 Aug 81.

On 7 Jul 83, the applicant was notified by his commander that he was recommending his discharge from the Air Force for minor disciplinary infractions, under the provisions of AFR 39-10, Administrative Separation of Airmen, paragraph 5-46.

On 7 Jul 83, the applicant acknowledged receipt of the action, and on 2 Aug 83, he consulted counsel and submitted statements in his behalf.

On 9 Aug 83, the case was found to be legally sufficient and on the 10 Aug 83, the discharge authority approved the commander’s recommendation, directing the applicant be discharged with a general discharge.

On 11 Aug 83, the applicant received a general discharge and was credited with two years and one day of total active service.

On 17 Jun 16, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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 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.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  In the interest of justice, we considered upgrading the discharge based on clemency; however, based on the evidence before us, the Board finds no basis to grant clemency at this time.  However, the Board would be willing to reconsider his appeal should he provide new and relevant information relative to his claim.  Therefore, in the absence of evidence to the contrary, the Board finds no basis upon which to recommend granting the relief sought in this application.

THE BOARD RECOMMENDS 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-2016-00293 in Executive Session on 11 May 17 under the provisions of AFI 36-2603:

				    , Panel Chair
					   , Member
					  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 19 Jan 16, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 17 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-2016-00293.