RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02600

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His discharge was based on one isolated incident in 26 months of service, with no other adverse actions.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 21 Apr 75, 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 Manual 39-12, Chapter 2, Section B, paragraph 2-15a, dated 25 Mar 74.  The reasons for the action were as follows:

a.	On 3 Mar 75, the applicant received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for Failure to Go, in violation of Article 86, UCMJ.
b.	On 14 Dec 74, the applicant received a traffic ticket on George Air Force Base, California.
c.	On 19 Aug 74, the applicant received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for Failure to Go, in violation of Article 86, UCMJ.
d.	On 25 Jun 74, the applicant received a Letter of Reprimand for his second motorcycle accident and riding on base without a helmet.
e.	The applicant was issued TAC Forms 98, Record of Individual Counseling, dated 25 May 74, 7 Jun 74, 13 Jun 74, 28 Jun 74, 24 Jul 74, 5 Aug 74, 7 Aug 74, 5 Sep 74, 10 Jan 75, and 11 Jan 75. 

On 2 May 75, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 5 May 75.

On 12 May 75, the applicant received an Under Honorable Conditions (General) discharge. 

On 4 Nov 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.

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  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 2 Dec 16 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.  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-2016-02600 in Executive Session on 1 May 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 22 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C.	Clemency Letter, SAF/MRBC to applicant, dated 4 Nov 16.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 14 Nov 16.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Dec 16.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, Docket Number BC-2016-02600, required by AFI 36-2603, paragraph 4.11.9.