RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04855

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Since his discharge, he feels that he has become a fiscally responsible citizen and has volunteered with several veterans organizations.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 5 February 1991.

On 29 November 1993, his commander notified him that he was recommending he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, paragraph 5-26d (Unsatisfactory Performance (Financial Irresponsibility) and paragraph 5-46 (Minor Disciplinary Infractions).  The specific reason for this action is the applicant had seven documented incidents of financial irresponsibility and three incidents of minor disciplinary infractions, as evidenced by two letters of counseling, four letters of reprimand, and the establishment of an unfavorable information.  The applicant acknowledged receipt of the discharge notification, and on 1 December 1993, submitted a letter for the commander’s consideration. 

On 7 December 1993, the Staff Judge Advocate (SJA) found the discharge legally sufficient and recommended the discharge authority approve the applicant’s separation with a general discharge, without probation and rehabilitation, and cite minor disciplinary infractions as the primary reason for discharge.

On 6 January 1994, the applicant received a discharge under honorable conditions (general).  His narrative reason for discharge is “Misconduct,” and he is credited with 2 years, 11 months and 2 days of active service.

On 14 September 2017, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C); as of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 there is no evidence of an error or injustice in the discharge processing.  Moreover, the applicant has provided no evidence that would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  In the interest of justice, we considered upgrading the discharge based on clemency; however, in view of the evidence before us, we find no basis to grant clemency at this time.  Therefore, we find no basis upon which to recommend granting the relief sought in this application.

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.

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-2016-04855 in Executive Session on 1 May 2018:

 Panel Chair
 Member
 Member

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

Exhibit A: Applicant’s application, DD Form 149, w/atchs, undated.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 14 September 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.