RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03151

XXXXXXXXXX	COUNSEL: XXXXXXXXXX

	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He has been a volunteer for the Salvation Army for over seven years and is a truly honest person along with not being in any trouble since his discharge.  His discharge was unjust and would like it upgraded.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air Force on 14 Jul 81.

On 16 Nov 83, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airman, paragraph 5-47, for a pattern of Misconduct.  The reasons for the action were as follows:

	a.  On or about 29 Aug 82, the applicant stole property of another individual in violation of the Uniform Code of Military Justice (UCMJ) Article 121, for which he received an Article 15, Nonjudicial Punishment (NJP).

	b.  Between 23 Jun – 7 Jul 83, the applicant wrongfully used marijuana in violation of UCMJ, Article 134, for which he received an Article 15, NJP.

On 9 Dec 83, the discharge action was found legally sufficient by the staff judge advocate.

On 16 Dec 83, the discharge authority approved the discharge action.

On 23 Dec 83, the applicant was furnished an under honorable conditions discharge.  The applicant was credited with two years, five months and ten days of active service.

In accordance with Air Force Instruction, 36-2603, Air Force Board of Correction of Military Records, dated 18 Aug 17, the applicant has the burden of providing sufficient evidence of material error or injustice.  

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent an Acknowledgement and Clemency letter to the applicant on 6 Dec 16 for comment (Exhibit C), 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.  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-2016-03151 in Executive Session on 29 Aug 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, dated 19 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Acknowledgement and Clemency Letter, dated 6 Dec 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 for Docket Number BC-2016-03151.