RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04828

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He wants his discharge to reflect his nine years of honorable service.  He attempted to return to the United States to see his father who was on his deathbed; however, his humanitarian leave was denied.  His misconduct was a means to hasten his discharge so he could see his father and was the only time he had ever been in trouble.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS: 

The applicant entered the Regular Air Force on 3 November 1978.

On 2 December 1988, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of Air Force Regulation 39-10, Administrative Separation of Airmen.  The commander further recommended the applicant’s service be characterized as general (under honorable conditions) due to his minor disciplinary infractions as evidenced by one nonjudicial punishment action under Article 15 of the Uniform Code of Military Justice, five letters of reprimand, and various verbal and written counseling’s for a myriad of infractions. 

On 2 December 1988, the applicant acknowledged receipt of the discharge notification and on 8 December 1988, he offered a conditional waiver of his right to an administrative discharge board contingent on his receipt of no less than a general (under honorable conditions) discharge.

On 23 December 1988, the acting staff judge advocate found the discharge action legally sufficient, recommending the discharge authority accept the applicant’s conditional waiver and approve a general discharge without probation and rehabilitation.

On 5 January 1989, the discharge authority accepted the applicant’s conditional waiver and directed the applicant be discharged with a general (under honorable conditions) discharge.

On 20 January 1989, the applicant received a general (under honorable conditions) discharge and was credited with over 10 years of active service.  His narrative reason for separation is “Misconduct – Pattern of Minor Disciplinary Infractions.” 

On 26 August 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 and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application based on the merits.  There is insufficient evidence or allegation of error or injustice that would undermine the nonjudicial punishment action [Article 15] the applicant received.  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 8 December 2017 for comment (Exhibit D), 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 provided 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-2016-04828 in Executive Session on 3 May 2018:

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

Exhibit A:	Application, DD Form 149, dated 30 November 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter w/atch, dated 26 August 2017.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 6 November 2017.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 8 December 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.