RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03197

XXXXXXXXX	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

His General discharge be upgraded to Honorable in order to apply for a Veteran Affairs (VA) home loan.  

APPLICANT CONTENDS THAT:

He was young and acted out during his time in the Air Force and he served his country well.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 1 Nov 85, the 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 one charge and specification of sleeping on post, in violation of Article 113, UCMJ.

On 26 Feb 86, the applicant was notified of his commander’s intent to impose NJP on him pursuant to Article 15, UCMJ, for one charge and specification of steeling merchandise from the Army and Air Force Exchange Service, in violation of Article 121, UCMJ.

On 1 Aug 86, the applicant was notified of his commander’s intent to impose NJP on him pursuant to Article 15, UCMJ, for one charge and specification of failure to go to at the time prescribed to your appointed place of duty, in violation of Article 86, UCMJ.

On 7 Aug 86, the applicant was notified by his commander of his intentions to discharge him with a General discharge from the Air Force for Discreditable Involvement with Military or Civil Authorities, in accordance with Air Force Regulation (AFR) 39-10, Administrative Separation of Airman, paragraph 5-47a.  

On 10 Sep 86, the applicant was discharged with a 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-2016-03197 in Executive Session on 5 Jun 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 5 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.