RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01997 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His discharge be changed to Honorable.

APPLICANT CONTENDS THAT:

There was an injustice as he was told his leave was cancelled but it was not, and he was only 1 day late.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Jan 94.

On 12 Mar 96 the commander notified the applicant of recommendation for discharge for minor disciplinary infractions.  Applicant was advised of his right to legal military counsel and to submit statements on his own behalf.  The reasons for this action were:

a.  On or about 15 Feb 96, applicant failed to progress in upgrade training, and received a letter of counseling.

b.  On or about 16 Feb 96 through 20 Feb 96, applicant was absent without leave, failed to obey the order of a noncommissioned officer by not attending mandatory study sessions, and received an Article 15.

c.  On or about 23 Feb 94, applicant became indebted to AAFES Deferred Payment Plan because of overdue payments, and received a letter of counseling.

d.  On or about 24 Feb 96, applicant failed to show for required training, and received a letter of counseling.

The separation action was determined to be legally sufficient, and on 25 Mar 96 the discharge authority directed applicant be discharged with a General discharge without probation or rehabilitation.

On 28 Mar 96, the applicant was furnished a General (Under Honorable Conditions) discharge, with a Narrative Reason for Separation of Misconduct, and was credited with 2 years, 2 months, and 3 days of active service.

A request for post-service information was forwarded to the applicant on 17 Aug 16 for review and comment within 30 days (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 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 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, the documentation the applicant submitted concerning his post-service activities was insufficient for the Board to determine his accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

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-2016-01997 in Executive Session on 2 May 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01997 was considered:

	Exhibit A.  DD Form 149, dated 5 Dec 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 17 Aug 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.