RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04692

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was treated unfairly due to racism and was denied transfer to another unit on several occasions, which resulted in his discharge.  If his request had been granted, he could have served a twenty-year career in the military and lived out his true dream in the Air Force.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 4 February 1983.

On 16 February 1984, his commander notified him that he was recommending he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, for minor disciplinary infractions as evidenced by one non-judicial punishment (NJP) action under Article 15 of the Uniform Code of Military Justice, a Letter of Notification of Promotion Withholding, and two verbal counselings.

On 7 March 1984, the discharge authority directed that the applicant be discharged; on 9 March 1984, the applicant received a discharge under honorable conditions (general).  His narrative reason for discharge was “Misconduct: Pattern of Minor Disciplinary Infractions” and he was credited with 1 year, 1 month, and 6 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B.

On 11 August 2017, the Board staff sent a request for post-service information to the applicant for review and comment within 30 days (Exhibit C), but has received no response.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application because there is insufficient evidence to undermine the NJP action the applicant received.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board staff sent a copy of the Air Force evaluation to the applicant on 12 December 2017, for review and comment within 30 days (Exhibit E), but has received no response.

THE BOARD CONCLUDES:

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 error or injustice.  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:

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 AFBCMR Docket Number BC-2016-04692 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: Applicant’s application, DD Form 149, dated 17 November 2016.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Post Service Clemency Letter, AFBCMR, dated 11 August 2017.
Exhibit D: Advisory opinion, AFLOA/JAJM, dated 23 October 2017.
Exhibit E: Letter, SAF/MRBC, dated 12 December 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.