RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00074

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His discharge Under Honorable Conditions (General) be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He was told it would be upgraded six months after discharge, if he did not get in trouble with the law.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 20 Nov 81, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12 for misconduct.  The reasons for the action were as follows:

a.	The applicant received letters of counseling dated 3 Jan 81, 7 Jan 81, 24 Feb 81, 9 Mar 81, 19 Jun 81, 30 Jun 81, 5 Nov 81, and 9 Nov 81 for various infractions.

b.	The applicant received letters of reprimand dated 14 Jul 81 and 8 Oct 81 for writing a dishonored check, and having an unsatisfactory room during inspection, respectively.

c.	On 15 Jul 81, the applicant received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for failing to go at the prescribed time to his place of duty.

d.	On 6 Nov 81, the applicant received non-judicial punishment under Article 15 of the UCMJ for dereliction in the performance of his duties for failing to perform proper maintenance on a KC-135 aircraft.

The discharge action was found legally sufficient, and the discharge authority approved the recommendation on 14 Dec 81.

On 14 Dec 81, the applicant received an Under Honorable Conditions (General) discharge. 

On 20 Sep 17, a request for post-service information was forwarded to the applicant for comment (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.

THE BOARD CONCLUDES THAT:

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.  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 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-2017-00074 in Executive Session on 8 May 18:

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2017-00074:

Exhibit A:	Application, DD Form 149, no atchs, dated 15 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 20 Sep 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.