RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-03528

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was very immature at the time of the incidents that caused the discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 21 Dec 98, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of Air Force Instruction 36-3208, Administrative Separation of Airmen. Chapter 5.  The reasons for the action were as follows:

a.	On 9 Feb 98, the applicant was issued nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for wrongfully consuming alcohol while underage, in violation of Article 92 of the UCMJ.  The applicant was reduced in rank to Airman Basic, suspended until 1 Aug 98, and received 20 days extra duty.

b.	On 24 Apr 98, the applicant was issued a Letter of Reprimand for failure to report for assigned duties.

c.	On 7 May 98, the applicant’s suspended reduction in rank to Airman Basic was vacated, for failure to report to his appointed place of duty.

d.	On 20 Nov 98, the applicant was issued nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for failure to report for his scheduled departure to Germany, and failure to go to a mandatory briefing, in violation of Article 86 of the UCMJ.  The applicant was reduced in rank to Airman Basic, suspended until 18 May 99, was restricted to the confines of Dyess Air Force Base, Texas, for 30 days, and received 30 days extra duty.

e.	On 18 Dec 98, the applicant was issued nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for breaking restriction imposed through Article 15 punishment, in violation of Article 134 of the UCMJ, and for wrongful use of marijuana, in violation of Article 112a of the UCMJ.  The applicant was reduced in rank to Airman Basic, with a new date of rank of 18 Dec 98.

On 5 Jan 99, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 29 Jan 99.

On 29 Jan 99, the applicant received an Under Other Than Honorable Conditions discharge. 

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

On 31 Oct 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).  As of this date, no response has been received by this office.

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-2016-03528 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, dated 22 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 31 Oct 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, regarding Docket Number BC-2016-03528.