RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03598

XXXXXXXXX.	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He requested a hardship discharge due to marital problems while stationed in Japan and his first sergeant approved his request.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 27 Sep 94, the applicant received an Article 15 for unlawfully striking his spouse in the face with his hand, in violation of Article 128, UCMJ.

On 15 Feb 95, the applicant received an Article 15, Uniformed Code of Military Justice (UCMJ), for one charge and specification of wrongful use of marijuana, in violation of Article 112a, UCMJ.

On 17 Feb 95, the applicant was notified of his commander’s intent to discharge him for minor disciplinary infractions and drug abuse, according to Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, paragraphs 5.49 and 5.54. The applicant’s disciplinary actions include:

a.	On or about 11 Nov 93, applicant violated off-base traffic rules by making a lane change in a lane change prohibited area, as evidenced by a 374th Air Wing Form 0-326 dated 16 Nov 93.

b.	On or about 20 Jan 94, the applicant had several combative confrontations with a co-worker, evidenced by a Letter of Counseling (LOC) dated 20 Jan 94.  

c.	On or about 16 Feb 94, the applicant failed to go at the time required to commander’s call, as evidenced by a LOC dated 18 Feb 94.  

d.	On or about 2 May 94, the applicant was derelict in the performance of his duties by failing to properly complete an AF Form 321 for his assigned military working dog in the time allotted, as it was his duty to do, as evidenced by a LOC dated 2 May 94.

e.	On or about 22 Jun 94, the applicant was derelict in the performance of his duties by failing to accomplish a required four hour check in the allotted time, as it was his duty to do, as evidenced by a LOC dated 27 Jun 94.

On 22 Feb 95, the discharge action was found legally sufficient and the discharge was approved.

On 25 Feb 95, the applicant was discharged with a UHC (General) discharge. 

A request for post-service information was forwarded to the applicant on 18 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-2016-03598 in Executive Session on 26 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 31 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 18 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, regarding Docket Number BC-2016-03598.