RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00342

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was discharged for misconduct that occurred off base.  He was never convicted or found guilty and the case was dismissed after his discharge.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 16 December 1983.

On 16 December 1997, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, with an under other than honorable conditions characterization.  The reason for this action was due to the applicant’s discreditable involvement with military or civil authorities as evidenced by one letter of counseling, two letters of reprimand and two Articles 15.  On the same day, the applicant acknowledged receipt of the discharge notification.

On 18 December 1997, after consulting with counsel, the applicant submitted a conditional waiver contingent on his receipt of no less than a general (under honorable conditions) discharge.

On 20 January 1998, the staff judge advocate found the discharge action legally sufficient and recommended that the commander accept the conditional waiver, separate the applicant with a general discharge without probation and rehabilitation.  The discharge authority approved the recommendation on 22 January 1998.

On 26 January 1998, the applicant received a general (under honorable conditions) discharge and was credited with 14 years, 1 month and 10 days of active service.

On 27 September 2017, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  On 2 March 2018, the applicant responded and indicated that while he was in the military, his work had always been outstanding and he received high evaluation ratings.  He got in trouble for petty theft when friends convinced him to ride along to steal a Christmas tree.  He told the arresting officer the truth and charges were dismissed before he was discharged.  Since his discharge, he has served the community and helped raise millions of dollars to aid special needs children.  He has furthered his education and has worked for an aircraft repair facility for over 17 years.  The applicant also provided a copy of an Identity History Summary [FBI report] dated 2 March 2018, which contains information that occurred during the applicant’s military service.  In addition, State criminal history indicates the applicant’s 9 April 2001 charge for insufficient funds was dropped on 1 May 2001, and his 29 August 2001 charge for battery was dismissed on 9 October 2001.  The applicant’s complete response, with attachment, is at Exhibit D.

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 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.  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-2017-00342 in Executive Session on 17 May 2018:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 13 January 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, AFBCMR, dated 27 September 2017.
Exhibit D:	Applicant’s response, w/atch, dated 2 March 2018.

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