RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04004

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was going through hard times dealing with a divorce and his father was given 9 months to live.  He made mistakes, accepted the consequences, and is currently seeking to rejoin the Air Force.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Senior Airman. 

On 13 March 06, the applicant received a Letter of Reprimand (LOR) for underage drinking, in direct violation of Article 92, Uniformed Code of Military Justice (UCMJ).   

On 27 Jun 07, the applicant was notified of his commander’s intent to impose punishment upon him pursuant to Article 15, UCMJ for the theft of merchandise at the Nellis AFB Exchange, in violation of Article 121, UCMJ. 

On 20 Mar 08, the applicant received a LOR for 3rd Degree Domestic Assault of his spouse.   

On 21 Mar 08, the applicant received a LOR for receiving an off-base speeding ticket for exceeding the posted speed limit by 20 miles per hour, in direct violation of Article 134, UCMJ.   

On 11 Sep 08, the applicant received a Letter of Counseling (LOC) for improperly turning in aircraft parts after work completion, in direct violation of Article 92, UCMJ.   

On 17 Feb 09, the applicant received a LOR for failing to obey a traffic control device on Whiteman AFB.

On 24 Feb 09, the applicant was non-recommended for reenlistment under the Selective Reenlistment Program (SRP). 

On 17 Mar 09, the applicant received a LOR for falling asleep while on duty, in direct violation of Article 92, UCMJ.

On 12 May 09, applicant was notified of his commander’s intent to discharge him for minor disciplinary in fractions under the authority of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.49.

On 21 May 09, the discharge action was found legally sufficient and the discharge was approved on 27 May 09.

On 1 Jun 09, the applicant was discharged with a General discharge. 

 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.

2.  The applicant did not exhaust all available avenues of non-judicial relief before applying to the Board.  The Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  There is an available avenue of administrative relief the applicant has not first pursued.  In view of this, we find this application is not ready for adjudication at this level, as there exists a subordinate level of appeal (Discharge Review Board) that has not first been depleted.  Therefore, in view of the above, the Board finds no basis to recommend granting the relief sought in this application.

THE BOARD RECOMMENDS THAT:

The applicant be informed all available avenues of administrative relief have not been exhausted, and the application will only be reconsidered upon receipt of documentary evidence indicating that such avenues of administrative relief have been exhausted.

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-2016-04004 in Executive Session on 10 Jul 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 28 Apr 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Failed to Exhaust Letter, dated 23 Jun 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.