RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02661

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He received a General discharge due to a minor Article 15 violation.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman First Class.  

On 3 Dec 85, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of Air Force Regulation 39-10, paragraph 5-49c.  The reasons for the action were as follows:

a.	On 6 Nov 85, the applicant was issued a Letter of Reprimand for a positive urinalysis for marijuana use.
b.	On/About 9 Sep 85, the applicant tested positive for marijuana use.
c.	On 22 Aug 85, the applicant was issued a SAC Form 845, Record of Individual Counseling, for not wearing his seatbelt on base.
d.	On 10 Apr 85, the applicant was issued a SAC Form 845, Record of Individual Counseling, for being late for duty.
e.	On 29 Mar 85, the applicant was issued Nonjudicial Punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for Failure to Go, in violation of Article 86, UCMJ.  Applicant was reduced in grade to Airman, suspended until 25 Sep 85, and ordered to perform 14 days extra duty.
f.	On 8 Mar 85, the applicant was issued a SAC Form 845, Record of Individual Counseling, for failure to meet grooming standards.
g.	On 26 Nov 84, the applicant was issued a Letter of Reprimand for providing alcohol to minors.
h.	On 5 Oct 84, the applicant was issued a SAC Form 845, Record of Individual Counseling, for operating a motorcycle illegally.
i.	On 23 Jul 84, the applicant was issued a SAC Form 845, Record of Individual Counseling, for failure to follow orders.
j.	On 30 May 84, the applicant was issued a Letter of Reprimand for writing five (5) checks with insufficient funds.
k.	On 24 May 84, the applicant was issued a Letter of Reprimand for being late for mandatory formation.
l.	On 17 May 84, the applicant was issued a SAC Form 845, Record of Individual Counseling, for reporting late for duty on three (3) consecutive days.

The discharge action was found legally sufficient, and the discharge authority approved the recommendation on 11 Dec 85.

On 12 Dec 85, the applicant received an Under Honorable Conditions (General) discharge. 

On 15 Jul 87, the Air Force Discharge Review Board denied the applicant’s request for discharge upgrade.

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

On 20 Sep 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).  On 6 Dec 16, a second request for post-service information was forwarded to the applicant for comment (Exhibit D).  As of this date, no response has been received by this office.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 26 Jul 17 for comment (Exhibit F), 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-2016-02661 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, w/atch, dated 27 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC, dated 20 Sep 16.
Exhibit D:	Clemency Letter, SAF/MRBC, dated 6 Dec 16.
Exhibit E:	Advisory opinion, AFLOA/JAJM, dated 13 Dec 16.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 26 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.