RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04150

CHESTER COLSTON	COUNSEL: NONE

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:

His general (under honorable conditions) discharge should have changed after six months to an honorable discharge.  The applicant’s complete submission is at Exhibit A.
 
STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (E-1).  

On 18 June 1969, the applicant received punishment imposed under Article 15, Uniform Code of Military Justice (UCMJ), for assault, in violation of Article 128, UCMJ.  He received a suspended reduction to E-1, forfeiture of $34 per month for two months, and 30 days of correctional custody. 

On 21 August 1969, the applicant’s suspended reduction to the grade of E-1 was vacated for being disorderly, in violation of Article 134, UCMJ.  

On 1 May 1970, the applicant was promoted to airman (E-2).

On 27 August 1969, the applicant pled guilty at a Special court-martial (SPCM) on one charge and one specification of assault, in violation of Article 128, UCMJ; and one charge and one specification of resisting apprehension, in violation of Article 95, UCMJ.  He was sentenced to confinement at hard labor for six months and forfeiture of $82 per month for six months.  

On 3 June 1971, the applicant received punishment under Article 15, UCMJ, for disobeying a lawful order, in violation of Article 91, UCMJ.  He received a suspended reduction to the grade of E-1 and restriction for 15 days.  

On 27 July 1971, the applicant’s suspended reduction to the grade of E-1 was vacated for unlawfully striking two individuals in the neck with a straight razor, in violation of Article 128, UCMJ.  

On 18 September 1971, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of Air Force Manual (AFM) 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, for defective attitude and inability to expend efforts constructively.  

On 23 September 1971, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 28 September 1971.

On 5 October 1971, the applicant received a general (under honorable conditions) discharge.

On 21 August 2017, a request for post service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).  

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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.  

The application was adjudicated without a personal appearance.  

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-2016-04150 in Executive Session on 26 June 2018:

Ms. Marcia J. Bachman, Panel Chair
Mr. Ricky E. Bennett, Panel Member
Ms. Renee M. Collier, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, undated.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, w/atch, dated 21 August 2017.

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