RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03862

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His discharge Under Other than Honorable Conditions be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He was an impulsive young man.  Since his discharge he has been married for 49 years, raised three children and has held the same job for 28 years.  He has since had to retire due to medical conditions and regrets the decisions that he made in his younger years.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 06 Feb 59, per documentation provided by the applicant, he received an Under Other Than Honorable Conditions discharge and was credited with 1 year, 10 months and 19 days of active service.

In accordance with Air Force Instruction 36-2603, Air Force Board of Corrections for Military Records (AFBCMR), dated 18 Aug 17, paragraph 3.4.4, the applicant has the burden of providing sufficient evidence of material error or injustice.  On 30 Nov 16, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  In this instance, the applicant provided an FBI Report, dated 03 Mar 17, revealed prior arrest data and character references (Exhibit D).

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 30 Nov 16 for comment (Exhibit C), and the applicant replied on 31 May 18.  In his response, the applicant submitted an FBI report along with letters of reference.  The applicant’s complete response is at Exhibit D.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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 insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The Board took notice of the applicant’s complete submission in judging the merits of the case; however, finds no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  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.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, did not find the evidence presented sufficient to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, the Board finds no basis upon which to recommend granting the relief sought.

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-2016-03862 in Executive Session on 26 Sep 18:

, Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, w/atch, dated 30 Nov 16.
Exhibit D:	Additional documentation from Applicant, dated 31 May 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.