RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04099

XXXXXXXXXXXX	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

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

He receive copies of records showing his incarceration at Travis AFB, CA. 1 Oct 67 thru 27 Nov 67.

APPLICANT CONTENDS THAT:

He wants his discharge upgraded so that he can be buried at Arlington National Cemetery.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 24 Aug 67, the applicant was notified of his commander’s intent to impose punishment upon him pursuant to Article 15, UCMJ for failing to go to his place of duty, in violation of Article 86, Uniformed Code of Military Justice (UCMJ).  He was reduced to the grade of Airman basic, ordered to serve 30 days in correctional custody, and the forfeiture of $48 a month for two months. 

On 6 Oct 67, the applicant was notified of his commander’s intent to impose punishment upon him pursuant to Article 15, UCMJ for failing to go to his place of duty, in violation of Article 86, UCMJ.  He was ordered to serve 30 days in correctional custody and forfeit $48 a month for two months. 

On 9 Nov 67, applicant was notified of his commander’s intent to discharge him for his character and behavior disorders under the provisions of AFM 39-12, Separation for Unsuitability, Unfitness, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, chapter 2, section A.

On 21 Nov 67, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 22 Nov 67.

On 28 Nov 67, the applicant received a General discharge. 

A request for post-service information was forwarded to the applicant on 29 Dec 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.  Additionally, the applicant requested copies of military records and the AFBCMR is not a repository for 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-2016-04099 in Executive Session on 17 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 4 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 29 Dec 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.