RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02891

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He made a mistake getting drunk and associating with the wrong people who broke into a store to steal beer and food.  He has been an upstanding citizen and has not been in trouble with the law since this incident.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 12 Nov 65, 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 39-16, Section B, paragraph 4c.  The reasons for the action were as follows:

a.	On 1 Feb 65, the applicant was removed from the Air Force Sentry Dog Program.
b.	On 15 Feb 65, the applicant received a command-directed psychiatric evaluation.
c.	On 1 Apr 65, the applicant was arrested, charged with burglary, in the third degree, and confined in the Clinton County jail, Plattsburgh, NY, until 8 Apr 65.
d.	On 10 Jun 65, the applicant received a referral airman performance report.
e.	On 2 Sep 65, the applicant received a referral airman performance report.
f.	On 2 Sep 65, the applicant was issued Nonjudicial Punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for Failure to Obey a Lawful Order, in violation of Article 92, UCMJ.  Applicant ordered to forfeit $40.00 a month for two months.
g.	On 3 Sep 65, the applicant was placed on the Airman Control Roster.
h.	On 23 Sep 65, the applicant was issued Nonjudicial Punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for Failure to Obey a Lawful Order, in violation of Article 92, UCMJ.  Applicant was reduced in grade to Airman Basic, and ordered to undergo 30 days correctional custody at hard labor.

On 15 Dec 65, the applicant received an Under Honorable Conditions (General) discharge. 

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

On 22 Dec 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).  On 13 Jan 17, the applicant provided a copy of his Federal Bureau of Investigation report (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.

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-2016-02891 in Executive Session on 8 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 10 May 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC, dated 22 Dec 16.
Exhibit D:	Letter, Federal Bureau of Investigation Report, dated 13 Jan 17.
Exhibit E:	Letter, Department of Veterans Affairs, dated 06 Jul 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, Docket Number BC-2016-02891, required by AFI 36-2603, paragraph 4.11.9.