RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-03581

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His military service was solid for five years until he took a position with a trucking company as a truck driver and his employer did not support his military career.  He was on the road for months at a time and his supervisor was not able to get him back in time for drills.  He needed the job to support his family, and by the time he left the trucking job, it was too late to correct his absences from drill.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air National Guard Airman First Class.  

On 8 Jan 95, the applicant was demoted from the rank of Senior Airman to the rank of Airman First Class, with a date of rank of 8 Jan 95, under NGR(AF) 39-30, paragraph 3f, Unsatisfactory Participation.

On 30 Apr 95, the applicant received an Under Honorable Conditions (General) discharge, with Authority and Narrative Reason AFI 36-3209, paragraph 3.13.2, Unsatisfactory Participation, and Separation Program Designator JNF. 

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

On 15 Dec 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C), and the applicant replied on 28 Mar 17.  In his response, the applicant provided letters of reference, a copy of his Federal Bureau of Investigation (FBI) report, his resume, and educational degree/transcript, as well as additional documentation in support of his request.  The applicant’s complete response is at Exhibit D.

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 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-2016-03581 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 1 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 15 Dec 16.
Exhibit D:	Applicant’s response, dated 28 Mar 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.