RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-02768

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His General discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:

His record on active duty was spotless.  When he left active duty he was assigned to the Iowa Air National Guard.  He drilled until he left the state, and was a manager at a 24 hour restaurant with no relief.  He had transportation problems, and issues getting to a base in the Guard.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air National Guard airman first class.

On 22 Jan 80, the applicant was demoted from the grade of sergeant, to airman first class.

On 20 Mar 80, the applicant received a general discharge.

Point Credit Summary, dated 24 May 80, reflects the applicant had zero satisfactory service for the periods 29 Jun 79 - 20 Mar 80, and 29 Jun 78 - 28 Jun 79.

A request for post-service information was forwarded to the applicant on 17 Oct 16 for review and comment within 30 days (Exhibit C).  In response, he submitted an Identity History Summary from the Federal Bureau of Investigation (FBI) which indicates no prior arrest data at the FBI (Exhibit D). 

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

THE BOARD CONCLUDES:

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.  The discharge was not 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-2016-02768 in Executive Session on 12 Jun 18:

, Panel Chair
, Member
, Member

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

Exhibit A:  Application, DD Form 149, w/atch, dated 28 Jun 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 17 Oct 16.
Exhibit D:  Applicant’s response, dated 10 Feb 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.