RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-00033

							COUNSEL: NONE

							HEARING: YES

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He made mistakes due to being young and vulnerable.  While scheduled to return from leave, his military flight was cancelled.  He notified his superiors, but was apprehended by military police and thrown in the stockade.  He was claustrophobic, causing him to run from the stockade, and was caught each time.  He was told he would receive an honorable discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 21 Apr 67, the convening authority published Special Court-Martial Order Number 1.  The applicant was found guilty of two charges of absent without leave (AWOL), and sentenced to confinement at hard labor for three months, and forfeiture of $37 per month for three months.  

On 5 May 67, the applicant requested discharge, for the good of the service, with the understanding if the request was approved he could receive an undesirable discharge, and could be deprived of veterans’ benefits.  His request was indorsed by legal counsel.

On 2 Jun 67, the commander recommend approval of the applicant’s request to be discharged from the Air Force.  

On 20 Jun 67, the discharge authority approved the recommendation.  

On 22 Jun 67, the convening authority published Special Court-Martial Order Number 2, and the unexecuted portion of the sentence to confinement at hard labor for three months was remitted.

On 22 Jun 67, the applicant was furnished an UOTHC discharge.

A request for post-service information was forwarded to the applicant on 20 Sep 17 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 advisories at Exhibits D and E.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  

There is no evidence to suggest the applicant’s court-martial was unsupported in law or fact.  The punishment approved by the convening authority was within the range of permissible punishments.  Furthermore, there is no evidence or allegation the applicant was not afforded all his procedural due process rights at his trial or during appellate review.  The complete advisory is at Exhibit D.

AFPC/DP2STM recommends denying the application.  

The discharge was consistent with the procedural and substantive requirements of the discharge instruction and within the discretion of the discharge authority.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 23 Jan 18 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely filed; however, 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 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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.

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 Docket Number BC-2017-00033 in Executive Session on 8 May 18:

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

Exhibit A:  Application, DD Form 149, w/atchs, dated 29 Dec 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR Letter, w/atch, dated 20 Sep 17.
Exhibit D:  Advisory opinion, AFLOA/JAJM, dated 16 Jan 18.
Exhibit E:  Advisory opinion, AFPC/DP2STM, dated 19 Jan 18.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 23 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.