RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02609

	COUNSEL: NONE

  	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

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

He receive back pay from 25 May 73 until present.

APPLICANT CONTENDS THAT:

His commander discriminated against him and destroyed his military career.  The commander failed to consider records from his previous enlistment prior to initiating discharge action.  For that failure, he is owed monetary relief from 25 May 73 to present in the grade of technical sergeant, staff sergeant and sergeant.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force sergeant.  

On 21 May 73, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of Air Force Manual 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, for apathy and defective attitude and failure to adhere to Air Force weight standards.  The reasons for the discharge action were letters of counseling, letters of reprimand, and punishment under Article 15, Uniform Code of Military Justice.  Additionally, the applicant failed to lose weight upon entry into the Weight Control Program.  On 22 May 73, the discharge action was found legally sufficient.  The discharge authority approved the recommendation on 24 May 73 and on 25 May 73; the applicant received a (General) Under Honorable Conditions discharge.

On 22 Nov 82, the Air Force Discharge Review Board denied the applicant’s request to upgrade his discharge and change his reentry code.  On 23 Feb 83, the Air Force Board for Correction of Military Records (AFBCMR) denied the applicant’s request to upgrade his discharge.  On 1 Dec 04, the AFBCMR denied the applicant’s request to upgrade his discharge.  

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 30 Jun 16, a request for post-service information was forwarded to the applicant (Exhibit C).  The applicant replied on 4 Aug 16, 25 Nov 16 and 8 Jul 17.  In those responses, the applicant maintained that in Poole v. Rourke, the court ruled the Air Force failed to consider the member for probation and rehabilitation.  The applicant believes this ruling supports his request for monetary relief as his commander failed to consider his performance reports from his previous enlistment prior to initiating discharge.  The applicant submitted investigative reports from the Federal Bureau of Investigation.  He also submitted documentation from the Department of Veteran’s Affairs showing his status as a disabled veteran.  The applicant’s complete response, with attachments, is at Exhibit D.

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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2016-02609 in Executive Session on 22 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, w/atchs, dated 23 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post-Service Clemency Letter, w/Atchs, dated, dated 30 Jun 16.
Exhibit D:	Applicant’s Response, w/atchs, dated 4 Aug 16, 25 Nov 16 and 8 Jul 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.