RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-02955

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

His discharge Under Other than Honorable Conditions be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He was young and confused.  He was transferred to a position for which he was not ready, and the atmosphere was too much to bear.  He began to drink and smoke marijuana to cope.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic. 

Discharge action was initiated under Air Force Manual 39-12, Chapter 2, Section B, paragraph 2-15a.  The reasons for the action were as follows:

a.	On 5 Jul 69, the applicant was issued Nonjudicial Punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for Disorderly in a Public Place, in violation of Article 134, UCMJ.  Applicant was reprimanded.
b.	On 11 Jul 69, the applicant was issued Nonjudicial Punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for Sleeping on Duty, in violation of Article 92, UCMJ.  Applicant was reduced to Airman First Class, suspended for three months, and forfeited $50.00.
c.	On 11-21 Jul 69, applicant was Absent Without Leave (AWOL).
d.	On 31 Jul 69, the applicant was disciplined for Failure to Go, in violation of Article 86, UCMJ.  The applicant’s suspended reduction was vacated, and he was reduced to Airman First Class.
e.	On 1 Aug 69, 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 to Airman Basic, suspended for three months.
f.	On 25 Aug 69, the applicant was disciplined for Failure to Go, in violation of Article 86, UCMJ.  The applicant’s suspended reduction was vacated, and he was reduced to Airman Basic.
g.	On 5-30 Sep 69, applicant was Absent Without Leave (AWOL).

On 24 Oct 69, the discharge action was found legally sufficient.

On 30 Oct 69, the applicant received an Under Other Than Honorable Conditions discharge, with 37 days time lost. 

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

On 3 Nov 16, a 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.

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-2016-02955 in Executive Session on 15 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 19 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, Department of the Navy, w/atchs, dated 07 Sep 16.
Exhibit D:	Clemency Letter, SAF/MRBC to applicant, dated 03 Nov 16.

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