RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-03300
							COUNSEL: 

							HEARING: YES

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:

He is paralyzed and needs medical help from the Department of Veteran’s Affairs (VA).  He served in Saudi Arabia and has learned from his mistakes.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 19 Nov 99, the applicant was notified of the commander’s intent to recommend he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208 for conduct prejudicial to good order and discipline.  The reasons for the action include:

a.	On 31 Aug 99, the applicant was convicted by a Special Court-Martial of wrongful use of marijuana, bad checks and failure to pay a just debt and was sentenced to confinement for 5 months, reduction to the grade of E-1, and forfeiture of $500 pay per month for 5 months.

b.	Between 1 May 99 to 15 May 99, the applicant wrongfully used marijuana on divers occasions and received a vacation of the suspension of forfeiture of $100 pay per month for 2 months from his previous Article 15, dated 10 Jun 99.

c.	Between 16 Feb 99 and 3 May 99, the applicant was derelict in the performance of his duties by failing to use his government issued credit card for official use only and on 14 May 99 he made a false official statement and received an Article 15, dated 26 May 99. 

On 23 Nov 99, the applicant acknowledged receipt of the action and elected to not submit a statement on his behalf and waived his right to a hearing before an administrative discharge board.

On 7 Dec 99, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 4 Jan 00.  

On 13 Jan 00, the applicant was furnished an UOTHC discharge, and was credited with 2 years, 6 months, and 26 days of active service.

On 8 Aug 13, the applicant was notified his request to upgrade his UOTHC discharge was denied by the Air Force Discharge Review Board and it was concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and he was provided full administrative due process. 

A request for post-service information was forwarded to the applicant on 4 Nov 16 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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

THE BOARD CONCLUDES:

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.  The applicant has provided no evidence which would lead the Board to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  In the interest of justice, the Board considered upgrading the applicant’s discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way for the Board to determine if the applicant’s accomplishments since leaving the service warrant such an action.  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 AFBCMR Docket Number BC-2016-03300 in Executive Session on 30 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, dated 10 Aug 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Letter, AFBCMR, w/atch, 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.