RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04650

XXXXXX X XXXXXX	COUNSEL: NONE

			HEARING: NO

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 of such information, the Board typically denies relief.  Given the age of the discharge, if the Board does deny relief, the grounds should be that the application is untimely.

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was accused of offering to sell an honorable discharge and although he was innocent, was removed from his duties and his security clearance was taken away.  He was distraught following the death of his father and was afraid of getting a long sentence for selling the discharge and when offered an administrative discharge, he took it.  He regrets he did not stay in the Air Force to defend his innocence.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 23 May 79.

On 27 Nov 81, the applicant requested that he be discharged for the good of the service, under the provisions of AFM, 39-12, Separation for Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation or Request for Discharge for the Good of the Service, and Procedures for the Rehabilitation Program.

On 4 Dec 81, the Staff Judge Advocate recommended the applicant be discharged with an under other than honorable conditions character of service.

On 7 Jan 82, the discharge authority directed the applicant be discharged; on 8 Jan 82, the applicant received an under other than honorable conditions discharge.  His narrative reason for separation was “Request for discharge for the good of the service,” and he was credited with 2 years, 7 months, and 16 days of active service.

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.  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 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, 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-2016-04650 in Executive Session on 5 April 2018:

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 14 Nov 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 25 Aug 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.