RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02867

	COUNSEL:	

	HEARING: NO

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded.

APPLICANT CONTENDS THAT:

He states that he was mistreated and undervalued in the Air Force and that his UOTHC discharge is not warranted.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 23 Jun 69, the applicant was notified of his commander’s intent to impose Non-Judicial Punishment (NJP) for one charge and one specification of loitering at his post in violation of Article 134, Uniformed Code of Military Justice (UCMJ). 

On 25 Jun 69, the applicant was convicted before a Summary Court-Martial and sentenced to 30 days confinement and forfeiture of $50 pay.

On 26 Jun 69, the applicant escaped from his escorts at Lackland AFB, TX and went Absent Without Leave (AWOL). 

On 2 Sep 69, the applicant turned himself into military authorities at Dover AFB, DE. 

On 8 Sep 69, the applicant was transferred back to Lackland AFB, TX to serve his adjudged confinement. 

On 18 Sep 69, the applicant was convicted before a Special Court-Martial for violation of Article 86, UCMJ and sentenced to 6 months hard labor and forfeiture of $76 a month for 6 months.

On 9 Mar 70, the applicant was notified of his commander’s intent to impose NJP punishment pursuant to Article 15, UCMJ for failure to go at the time prescribed to appointed place of duty, in violation of Article 86, UCMJ. The commander imposed punishment of a restriction to base for 14 days and extra duty for 14 days.  

On 20 Mar 70, the applicant was notified of his commander’s intent to impose NJP punishment pursuant to Article 15, UCMJ for failure to go at the time prescribed to appointed place of duty, in violation of Article 86, UCMJ.  The commander imposed punishment of correctional custody for 30 days and forfeiture of $61 pay per month for 2 months.

On 17 April 1970, applicant was administratively discharged from the Air Force with a UOTHC characterization.   

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

On 22 Sep 16, a request for post-service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit F). 

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  The applicant did not present any evidence of an error or injustice that undermines the sentence adjudged at his courts-martial. The complete advisory is at Exhibit C.

AFPC/JA recommends denying the application.  The applicant did not present any evidence that his UOTHC discharge was erroneous or unjust.  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 25 Apr 18 for comment (Exhibit G), 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-2016-02867 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 11 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 13 Dec 16.
Exhibit D:	Advisory opinion, AFPC/JA, dated 20 Apr 18.
Exhibit E:	Letter, AFBCMR, dated 22 Sep 16.
Exhibit F:	Notification of Advisory, SAF/MRBC to counsel, w/atch, dated 10 Aug 17.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 25 Apr 18.

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