RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-00954

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

The Air Force was downsizing after the Vietnam War and made him an offer to leave the military with a General discharge.  He regrets the decision and he is willing to serve the remaining time in the Air Force Reserve to change the characterization to an Honorable discharge.

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

STATEMENT OF FACTS:

On 17 Sep 71, the applicant initially entered the Regular Air Force. 

On 15 Mar 73, 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, in violation of Article 86 of the UCMJ.  He was reduced to the rank of Airman, suspended until 1 Sep 73, and ordered to forfeit $50.00 of pay for one month.

On 7 Aug 73, the applicant was charged with disrespect to a superior non-commissioned officer, and the suspended reduction to Airman was vacated.

On 12 Mar 74, 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, in violation of Article 86 of the UCMJ.  He was reduced to the rank of Airman Basic, suspended until 1 Sep 74, and ordered to forfeit $50.00 of pay for one month.

On 20 Mar 74, the applicant received an administrative reprimand for writing a check with insufficient funds.

On 18 Jun 74, the applicant was charged with being, without authority, absent from his organization on/about 10 May 74, and did remain so absent until on/about 21 May 74, in violation of Article 86 of the UCMJ.  The suspended reduction to Airman Basic was vacated.

On 23 Jul 74, the applicant entered a Guilty plea to a Provincial Court in Rayong, Thailand, for possession of, and jointly smoking (with another Airman), marijuana.  He was fined $20.00.

On 1 Nov 74, the applicant was furnished an Under Honorable Conditions (General), discharge, and was credited with 3 years, 1 month, and 4 days of active service.  Period of 10 May 1974 – 20 May 1974 was considered time lost.

On 21 Jun 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).  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 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 no 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-2016-00954 in Executive Session on 6 Jun 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00954 was considered:

	Exhibit A.  DD Form 149, dated 21 Dec 15, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Letter, Clemency, dated 21 Jun 16, w/atch.

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.