RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04921
	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

The misconduct that caused his separation was a result of bad choices made while he was dealing with a divorce, following his return from a hardship tour, and ensuing deployments.  He has been employed as a firefighter since September 1998 and has been promoted to battalion chief.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 19 October 1989.  On 6 February 1998, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, for a pattern of misconduct of discreditable involvement with military authorities and for drug abuse as evidenced by three nonjudicial punishment actions under Article 15 of the Uniform Code of Military Justice.  On 27 February 1998, an administrative discharge board found that the applicant was subject to discharge and recommended that he be separated with a general (under honorable conditions) service characterization.  The discharge authority approved the recommendation on 31 March 1998, and the applicant separated with credit for 8 years, 5 months and 13 days of active service.

On 28 August 2017, 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.  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 based on the merits.  The 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 28 November 2017 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-2016-04921 in Executive Session on 3 May 18:

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

Exhibit A: Applicant’s application, DD Form 149, dated 7 December 2016.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 28 August 2017.
Exhibit D: Advisory opinion, AFLOA/JAJM, dated 31 October 2017.
Exhibit E: Notification of Advisory, SAF/MRBC to applicant, dated 28 November 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.