RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04466

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He served honorably throughout his first enlistment but acted immaturely during his second enlistment and got involved with the wrong people, which ruined his Air Force career.  Since his discharge, he has enrolled in technical school, been employed as a truck driver for many years, and become the company driver, trainer, and road test examiner.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 12 May 1983.

On 10 August 1990, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for minor disciplinary infractions as evidenced by two letters of counseling, one letter of reprimand and two Articles 15.  On the same day, the applicant acknowledged receipt of the discharge notification. 

On 13 August 1990, after consulting with counsel, the applicant submitted a conditional waiver contingent on his receipt of no less than a general discharge.

On 24 October 1990, the discharge recommendation was amended to correct two administrative errors in the notification letter.  The letter incorrectly informed the applicant that a general discharge was the least favorable characterization of his service, when in fact an under other than honorable conditions discharge was authorized.  The letter also failed to list all of the documents that were used as supporting documents.  On the same day, the applicant acknowledged receipt of the notification addendum.

On 2 November 1990, the applicant indicated that he consulted with counsel, waived his right to reconsider his conditional waiver, and waived his right to submit statements on his behalf.

On 10 December 1990, the staff judge advocate found the discharge action legally sufficient and recommended that the conditional waiver be accepted, and that the applicant be separated with a general discharge characterization.  The discharge authority approved the recommendation on 3 January 1991.

On 8 January 1991, the applicant received a general (under honorable conditions) discharge.

On 10 December 2017, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application on the merits.  There is insufficient evidence of error or injustice that would undermine the nonjudicial punishment actions the applicant received.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 October 2017 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not 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 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 absence of post-service information, 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-2016-04466 in Executive Session on 3 May 2018:

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

Exhibit A:	Application, DD Form 149, dated 3 November 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, AFBCMR, dated 2 August 2017.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 12 September 2017.
Exhibit E:	Notification of Advisory, AFBCMR to applicant, dated 6 October 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.