UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03043

	COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He only had minor disciplinary infractions and his failure to be properly counseled by the Air Force led to his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman (E-2).

On 18 June 1991, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of Air Force Regulation (AFR) 39-10, Administrative Separation of Airmen, for minor disciplinary infractions. The reasons for this action are due to the following:

a.	27 March 1991, issued a Record of Individual Counseling (RIC), for leaving his duty section without notifying anyone of his whereabouts.

b.	17 May 1991, received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ), in violation of Article 86, UCMJ, for failure to go to his appointed place of duty and in violation of Article 107, UCMJ, for making a false official statement.

c.	On 11 June 1991, removed from Correctional Custody (CC) due to his inability to adapt to the requirements of CC.

On 19 June 1991, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 25 June 1991.
On 26 June 1991, the applicant received a general (under honorable conditions) discharge.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

On 29 September 2016, a request for post-service information was forwarded to the applicant for comment within 30 days (Exhibit C). In response, he submitted a criminal history record, a character letter, and a letter from the Governor of the State of Oklahoma. In addition, he submitted documentation which indicates that according to the Criminal Justice Information Services (CJIS) Division of Federal Bureau of Investigation (FBI), a search of the fingerprints provided by the applicant revealed prior arrest data at the FBI, effective 10 January 2017 (Exhibit D).

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

THE BOARD RECOMMENDS 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-2016-03043 in Executive Session on 15 May 2018.

, Panel Chair
, Panel Member  
, Panel Member

All members voted not to correct the record. The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016- 03043.

Exhibit A: Application, DD Form 149, w/atchs, dated 27 July 2016.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Letter, AFBMCR, dated 29 September 2016.
Exhibit D: Applicant response, dated 2 February 2017.

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