RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04691

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect an Honorable discharge.

APPLICANT CONTENDS THAT:

His Uncharacterized discharge was to be upgraded to honorable six months after his discharge date.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former airman basic, discharged with an entry-level separation in 2003.  On 1 May 03, the applicant’s commander offered him non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice.  The commander charged him with underage drinking, unlawfully entering the dorm room of a female airman, being drunk and disorderly, and unlawfully grabbing a female airman on the shoulder.  On 6 May 03, after consultation with a lawyer, the applicant waived his right to court-martial and accepted NJP proceedings.  He provided a written presentation to the commander.  On 7 May 03, the applicant’s commander found he had committed all the charged misconduct and imposed punishment on him.  The punishment consisted of forfeiture of $200 pay, restriction to base for 15 days, and a reprimand.  On 23 May 03, the applicant received an entry-level separation with uncharacterized service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application. No evidence of an error or injustice was found in relation to the discharge processing.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Sep 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was 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 error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  In particular, the Board notes the applicant provided no evidence in support of his contentions.  Therefore, the Board recommends against correcting the applicant’s record.

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-2016-04691 in Executive Session on 25 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 08 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 14 Aug 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Sep 18.

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