RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03593

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

His entry level separation (ELS) be changed to an honorable discharge. 

APPLICANT CONTENDS THAT:

He was separated from the service due to a fraudulent plea by his recruiter regarding his medical conditions.  He would like his discharge upgraded to allow for benefits from the Department of Veteran Affairs.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 2 Jun 94, the applicant enlisted in the Regular Air Force.

On 21 Jul 94, the applicant was discharged with an ELS for performance and conduct.  He was credited with 1 month and 20 days of active duty service.

In accordance with AFI 36-3208, Administrative Separation of Airmen, Airmen are given entry level separations with uncharacterized service when their separation is initiated within the first 180 days of consecutive service. 

A request for post-service information was forwarded to the applicant on 30 Jun 18 (Exhibit C) and a response was not received.  

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.  After careful consideration of the applicant’s request and the available evidence of record, we find insufficient evidence of an error or injustice to warrant corrective action with regard to the applicant’s character of service.  Absent evidence the applicant was denied rights to which he was entitled, appropriate regulations were not followed or appropriate standards were not applied, we find no basis to disturb the existing record.  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-2016-03593 in Executive Session on 21 Aug 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 29 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 30 Jun 18.

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