RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04909

	COUNSEL: NONE	

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He did commit the misconduct that led to his discharge, but he has learned from his mistakes and has been a productive citizen.  He hopes the Board will consider upgrading his discharge of some 37 years ago.  He did serve his country honorably the first three and a half years of his enlistment, which qualified him to receive many awards.  In support of his request, the applicant provides a personal statement and a copy of his Air Force Commendation Medal citation.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 Sep 74.  

On 25 Jan 79, the applicant was notified of his commander’s intent to recommend that he be discharged 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, for apathy, defective attitude and inability to expend effort constructively, as evidenced by two verbal counselings, two letter of reprimands and a nonjudicial punishment action under Article 15 of the Uniform Code of Military Justice.

On 25 Jan 79, the applicant acknowledged receipt of the discharge notification and on 28 Mar 79, he submitted a response for the discharge authority’s consideration.

On 4 Apr 79, the discharge action was found legally sufficient, and the staff judge advocate recommended the applicant be discharged with a general discharge, without probation and rehabilitation.  On 5 Apr 79, the discharge authority approved the recommendation.

On 19 Apr 79, the applicant received a general (under honorable conditions) discharge, and was credited with 4 years, 8 months, and 8 days of active service.

On 27 Mar 91, the applicant submitted a request to the Air Force Discharge Review Board requesting his discharge be upgraded to honorable. 

On 10 Jul 91, the Air Force Discharge Review Board denied the applicant’s request, stating that his discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.

On 14 Sep17, the Board 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 based on the merits because there is insufficient evidence or allegation of error or injustice that would undermine the nonjudicial punishment action received.  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 29 Nov 17 for comment (Exhibit E), but has received no response.

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.  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 absence of post-service information presented by the applicant, 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-2016-04909 in Executive Session on 3 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 14 Sep 17.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 31 Oct 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 29 Nov 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.