UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02582
	COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He served more than eight years of active duty service honorably. His general characterization of service is not a fair assessment of his entire service, it only reflects the last three to four months. He was denied the ability to purchase back two years of his service time for retirement through the Veterans Equality Act in New York State due to his characterization of service. An honorable discharge would reflect the majority of his time served. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class (E-3).

On 25 Mar 86, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of Air Force Regulation 39-10, Administrative Separation of Airmen, for misconduct - conduct prejudicial to good order and discipline. The reasons for this action is due to the following: He received two non-judicial punishment (NJP) actions under Article 15 of the Uniform Code of Military Justice (UCMJ) for operating a motor vehicle while drunk, two Letter of Reprimands (LOR), two Records of Counseling, and a Letter of Counseling for dereliction in the performance of his duties, two Records of Counseling for failure to go, a traffic ticket for speeding and writing five checks without sufficient funds.

On 25 Apr 86, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 30 April 86.
On 6 May 86, the applicant received a general (under honorable condition) discharge.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

On 08 Sep 16, a request for post-service information was forwarded to the applicant for comment within 30 days (Exhibit C). In response, the applicant indicated he is in hopes of retiring from the New York State Office of People with Disabilities before 2018 by purchasing one-year service time. He submitted a criminal history record, a driving record abstract, a copy of his enrollment in the New York state and local retirement system, and a letter of reference. In addition, he submitted documentation which indicates that according to the Criminal Justice Information Services (CJIS) Division of Federal Bureau of Investigation (FBI), a search of the fingerprints provided by the applicant revealed prior arrest data at the FBI, effective 16 November 16 (Exhibit D).

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

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-2016-02582 in Executive Session on 15 May 18.

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record. The panel considered the following documentary evidence to AFBCMR Docket Number BC-2016-02582.

Exhibit A: Application, DD Form 149, w/atchs, dated 24 June 16.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Letter, AFBCMR, dated 8 September 16.
Exhibit D: Applicant’s response Undated.

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