RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04708

	COUNSEL: 

	HEARING:  NOT INDICATED

APPLICANT’S REQUEST.  His “under other than honorable conditions” discharge be upgraded to general (under honorable conditions).

APPLICANT’S CONTENTION.  There was no error in his discharge.  However, an upgrade would allow him to receive benefits from the Department of Veterans Affairs. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant entered the Regular Air Force on 12 Nov 68.  During his service, he was convicted by a Special Court-Martial for being absent without leave.  He subsequently received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for again being absent without leave.  Two years later, the applicant was charged, for a third time, with being absent without leave.  His lawyer recommended he request a discharge in lieu of court-martial.  On 24 Mar 72, the discharge authority approved the applicant’s request and directed the applicant be discharged.  On 23 May 72, the applicant received an “under other than honorable conditions” character of service. 

On 11 Aug 17, the Board sent a request for post-service information to the applicant (Exhibit C), but has received no response.  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.  There is no evidence that would tend to undermine either the non-judicial punishment action or the court-martial conviction and sentence.  A 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 26 Oct 17 for comment (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, the Board concludes that the applicant is not the victim of an error or 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 state of the evidence, the Board finds no basis to do so.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Had the applicant provided post-service information in support of clemency, the Board could have waived the three-year limit.  However, in the absence of such information, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, 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 our understanding of the issues involved.

THE BOARD RECOMMENDS:  The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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 AFBCMR Docket Number BC-2016-04567 in Executive Session on 29 Mar 18:

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

Exhibit A: Applicant’s application, DD Form 149, dated 18 Nov 16.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Clemency Letter, dated 11 Aug 17, w/atch.
Exhibit D: Advisory opinion, AFLOA/JAJM, dated 26 Oct 17.
Exhibit E: Notification of Advisory, SAF/MRBC to applicant, dated 12 Dec 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.