RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03402

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS:

His under honorable conditions general discharge be upgraded to honorable.

APPLICANT CONTENDS:

He was misled and never informed why he was being discharged.  He never really understood the character of service, “under honorable conditions,” and feels that his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, should reflect honorable instead of under honorable conditions.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 26 August 1971.

On 26 April 1973, the applicant’s commander notified him that he was recommending he be discharged for unfitness 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 frequent involvement of a discreditable nature with civil or military authorities, as evidenced by two nonjudicial punishment actions under Article 15 of the Uniform Code of Military Justice, three Letters of Reprimand, and placement on the Airman Control Roster.

On 26 April 1973, the applicant acknowledged receipt of the discharge notification.  On 8 June 1973, he waived his right to a board hearing and provided a written statement instead.

On 27 June 1973, the Acting Staff Judge Advocate (SJA) found the discharge legally sufficient to support the recommendation for a general (under honorable conditions) discharge.  The SJA further recommended that the discharge be suspended and the applicant be given a chance to rehabilitate himself and satisfactorily complete his enlistment.

On 24 July 1973, the discharge authority directed the applicant be discharged, and on 25 July 1973, the applicant received a discharge under honorable conditions (general).  He was credited with 1 year and 11 months of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B.

On 27 October 2017, the Board sent a request for post-service information to the applicant (Exhibit C), which the applicant never provided.

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 injustice.  The Board remains unconvinced the evidence presented demonstrates 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 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-2017-03402 in Executive Session on 12 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 26 June 2017.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Post Service Clemency Letter, SAF/MRBC, dated 27 October 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.