RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01782

	COUNSEL: NONE
	
 	HEARING: NO

APPLICANT REQUESTS THAT:

1. His missing records (to include his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), be recreated.

2. His General (under honorable conditions) discharge be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

His records were lost due to the conversion to an electric data base.  He rectified his debts incurred while on active duty, satisfying all matters of his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman (E-2).   

On 15 Oct 04, the applicant was notified of his commander’s offer of Nonjudicial Punishment (NJP), Article 15, for violation of Uniform Code of Military Justice (USMJ), Article 92.  On diverse occasions between on or about 28 Sep 04 and on or about 5 Oct 04, he was derelict in the performance of duties, willfully failing to refrain from driving a motor vehicle on base while his base driving privileges were suspended.  

On 3 Nov 04 and 8 Nov 04, legal review found the NJP legally sufficient.  

On 23 Feb 06, the applicant was notified of his commander’s offer of NJP, Article 15, for violation of UCMJ, Article 92 and 107.  

	a. On or about 1 Aug 05 and 6 Dec 05, his was derelict in the performance of his duties in that he willfully failed to maintain automobile insurance for his privately owned vehicle. 

	b. On or about 4 Aug 05 and 5 Dec 05, with intent to deceive, he made false statements to his supervisor that he had car insurance. 

On 10 Mar 06 and 13 Mar 06, legal reviews found the NJP legally sufficient.   

On 4 May 06, the applicant was furnished a General (under honorable conditions) discharge.

 On 3 Oct 17, AFBCMR sent a Clemency Letter to the applicant, but has received no response (Exhibit E). 
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D, F, and G.

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denying the application regarding upgrade of discharge.  The applicant has not filed a timely petition.  According to the Military Personnel Database (MilPDS) and other information they could gather, the applicant was separated for minor disciplinary infractions on 4 May 06 with a general service characterization.  There are two nonjudicial punishment, Article 15 actions in his record:  Based on the presumption of regularity, the discharge was consistent with the procedural and substantive requirements of the discharge instructions and was within the discretion of the discharge authority.  They did not find any evidence of an error or injustice in the discharge processing.  Regardless of whether or not the board elects to grant the 
applicant’s request, a new DD FM 214 still needs to be accomplished for the applicant’s record.  The complete advisory is at Exhibit C.

AFPC/DP2SSM recommends denying the application regarding upgrade of discharge, specifically changing the applicant’s RE code.  The applicant does not prove there is an error or injustice.  The complete advisory is at Exhibit D.

AFLOA/JAJM recommends denying the application.  The application is umtimely.  Notwithstanding timeliness, they opine the applicant has failed to present sufficient evidence to demonstrate a legal error in his NJP action such as to warrant the requested relief from the BCMR.  The complete advisory is at Exhibit F.

AFPC/DP3SP provides an evaluation for informational purposes only regarding the applicant’s contention his records were lost.  After a thorough review of the applicant’s official military personnel record, they were able to determine that the following Air Force Medals and/or Ribbons should have been awarded during the applicant’s service from 10 Dec 02 to 4 May 06 and was not reflected in his records:

a.	Air Force Good Conduct Medal (AFGCM)
b.	National Defense Service Medal (NDSM)
c.	Global War on Terrorism Service Medal (GWOT-S)
d.	Air Force Overseas Ribbon-Long Tour (AFOR-LT)
e.	Air Force Training Ribbon (AFTR)

 Administrative correction of the applicant’s record will be completed by AFPC/DP2STM.  The complete advisory is at Exhibit G.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 18 Dec 17 for comment (Exhibit H), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 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 evidence presented, the Board finds no basis to do so.  The Board does note and agrees with the OPR’s recommendation that the DD Form 214 office administratively create a DD Form 214 once our decision is rendered.  Therefore, the Board recommends against correcting the applicant’s records other than the DD Form 214 administratively rendered.

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-2016-01782 in Executive Session on 24 Apr 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Apr 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM-SEP, dated 29 Nov 16.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 12 Jan 17.
Exhibit E: Clemency Letter, AFBCMR, mailed 3 Oct 17.  
Exhibit F:	Advisory opinion, AFLOA/JAJM, dated 17 Oct 17.
Exhibit G:	Advisory opinion, AFPC/DP3SP, dated 9 Nov 17.
Exhibit H:	Notification of Advisory, SAF/MRBC to applicant, dated 18 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.