RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03167

	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was young and rebelled after being forced to change career fields because of an ankle injury.  He would like his discharge to reflect his attitude and patriotism as it was when he originally joined the Air Force.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

 On 23 Jan 95, applicant was notified of his commander’s intent to impose Non-Judicial Punishment (NJP) on him pursuant to Article 15, Uniformed Code of Military Justice (UCMJ), for the following reasons:

a.	One charge and specification of failure to obey a lawful order, in violation of Article 92, UCMJ.

b.	 One charge and specification of making a false official statement, in violation of Article 107, UCMJ.  

On 29 Jun 95, the applicant was notified of his commander’s intent to discharge him for Minor Disciplinary Infractions, according to Air Force Policy Directive (AFPD) 36-32, Military Retirements and Separations and Air Force Instruction (AFI) 36-3208, paragraph 5.49, Administrative Separation of Airmen.

On 20 Jul 95, the applicant was discharged with a General (Under Honorable Conditions (General) discharge. 

A request for post-service information was forwarded to the applicant on 4 Nov 16 (Exhibit C), but no response has been received.

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

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-2016-03167 in Executive Session on 29 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 2 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 4 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.