RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-00063

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His narrative reason for separation of “Conscientious Objector”, and authority of discharge, on his DD Form 214, Certificate of Release or Discharge from Active Duty, be reconsidered.

APPLICANT CONTENDS THAT:

He belonged to a religion that did not believe in war and fighting, so he notified the Air Force of this.  Additionally, at the time, his wife had a tubular pregnancy.  He was told he would be discharged as an “early out”.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force sergeant.  

On 4 Aug 72, the applicant signed his conscientious objector status request, as well as a counselling statement notifying him discharge as a conscientious objector would bar him from rights under any laws administered by the Veterans Administration.

On 30 Aug 72, the investigating officer submitted his recommendation that the applicant’s petition be accepted and approved, and indicated the applicant was aware of the ramifications, effect and significance of the discharge.

On 5 Dec 72, the applicant’s request for discharge as a conscientious objector was approved.

On 13 Dec 72, he was discharged with an Honorable condition discharge.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  

The applicant’s records clearly show he applied for discharge as a conscientious objector.  Documents include the investigation officer’s report and statements from the applicant.  The discharge was consistent with the procedural and substantive requirements and within the discretions of the discharge authority.  The narrative reason for separation, and corresponding separation program designator code are correct as indicated on the applicant’s DD Form 214.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 29 Nov 17 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

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.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2017-00063 in Executive Session on 8 May 18:

All members voted not to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-00063:

Exhibit A:  Application, DD Form 149, w/atchs, dated 29 Dec 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2STM, dated 23 Oct 17.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 29 Nov 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.