RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04571

XXXXX XXXXXX	COUNSEL: NONE

	HEARING: NOT INDICATED

ANALYST’S NOTE:  We are unable to verify whether the applicant has an arrest record since his discharge.  As noted below, the applicant received a request for post-service information; however, he has not replied.  Absent such information, the Board typically denies relief.

APPLICANT REQUESTS THAT:

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

2.  His last name be corrected.  (No error/Non-Viable)

3.  His service dates be corrected.  (Will be administratively corrected).

APPLICANT CONTENDS THAT:

His records require corrections.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 31 Mar 87.

On 21 Jul 88, the applicant was notified of his commander’s intent to recommend that he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, for his failure to pay just debts.  The evidence against him included a letter of counseling, a letter of reprimand, and a non-judicial punishment (NJP) action under Article 15 of the Uniform Code of Military Justice.  The NJP action resulted in reduction from the grade of sergeant (E-4) to the grade of airman first class.

On 27 Jul 88, the discharge action was found legally sufficient, and the staff judge advocate recommended the applicant be discharged with an under honorable conditions (general) discharge, without probation and rehabilitation.  On 1 Aug 88, the discharge authority approved the recommendation.

On 4 Aug 88, the applicant received a discharge under honorable conditions (general).

On 25 Aug 17, the Board staff sent a request for post-service information to the applicant, for review and comment within 30 days (Exhibit C).  As of this date, this office has received no response.

A review of the applicant’s master personnel records did not indicate an error in the spelling of his last name.  The Board staff informed the applicant that unless he provided a specific document that incorrectly reflected the spelling of his name, this portion of his request would be considered non-viable.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application for lack of evidence to undermine the NJP action.  Further, the application is untimely.  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 2 Nov 17, 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.  The Board remains unconvinced the evidence presented demonstrates 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, other than administrative corrections that will be made to the applicant’s records, 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.

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-2016-04571 in Executive Session on 5 Apr 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, dated 1 Nov 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atchs, dated 25 Aug 17.
Exhibit D:	Advisory Opinion, AFLOA/JAJM, dated 18 Oct 17.
Exhibit E:	Notification of Advisory, AFBCMR to Applicant, dated 2 Nov 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.