RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-02419

							COUNSEL: 

							HEARING: NO

APPLICANT REQUESTS THAT:

His discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:

Prior to being stationed at Sheppard AFB he served honorably.  While helping his spouse through her mental illness, her lapses in judgement created the appearance of an unauthorized friendship between himself, as a military training manager, and a student airman.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

On 22 Jun 98, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for discreditable involvement with military or civil authorities.  The reasons for the action include:

	a.  Failure to pay debt to the Army Air Force Exchange Service, for which he received an Article 15, on 6 Apr 98.

	b.  Failure to pay debt for his Government American Express Card, for which he received an Article 15, on 25 Nov 97, which was vacated on 10 Mar 98.

	c.  Wrongfully developing a personal relationship with a trainee, for which he received an Article 15, on 25 Nov 97.

On 22 Jun 98, the applicant acknowledged receipt of the action and elected to not submit a statement on his behalf.

On 5 Aug 98, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 10 Aug 98.  

On 17 Aug 98, the applicant was furnished a General (Under Honorable Conditions) discharge, with a reason for separation of Pattern of Misconduct.

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

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

SAFPC Discharge Review Board (DRB) recommends denying the application.  

The applicant was discharged for a pattern of misconduct, to include failing to pay debt and wrongfully developing a personal relationship with a trainee.  On 23 May 01, the DRB considered his case, and concluded the character and reason were consistent with the procedural and substantive requirements of the discharge regulation, and within the discretion of the discharge authority.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Apr 18 for comment (Exhibit E), but has received no response. 

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  The Board remains unconvinced the evidence presented demonstrates an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records. 

THE BOARD RECOMMENDS THAT:  

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2016-02419 in Executive Session on 15 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, dated 11 Jun 16.
Exhibit B:  Excerpts from Personnel Records.
Exhibit C:  AFBCMR letter, w/atch, dated 16 Aug 16
Exhibit D:  Advisory Opinion, SAFPC DRB, dated 14 Sep 16.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 11 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.