RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02471

	COUNSEL:  
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Despite his Recruiter lying to him, he served over a year in good faith.  He did go absent without leave so he could be discharged, and returned voluntarily, but he expected an Under Honorable Conditions (General) discharge as others had received.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman First Class.  

On 1 Mar 72, the applicant’s status was changed from Present for Duty (PFD) to Absent Without Leave (AWOL).

On 30 Mar 72, the applicant’ status was changed from AWOL to Desertion.

On 11 Apr 72, the applicant’s status was changed from Desertion to PFD, upon his voluntary return.

On 12 Apr 72, the applicant’s status was change from PFD to confinement, upon his refusal to report back to duty. 

On 1 Jun 72, the applicant received an Under Other Than Honorable Conditions discharge. 

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

On 8 Mar 17, 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 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.  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-2016-02471 in Executive Session on 24 Apr 18:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 15 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 8 Mar 17.

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