RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-00384

XXXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His legal and chaplain counsel assured him he would not be discharged.  He was discharged 2-days prior to obtaining 6-years of service in order to “avoid board.”  He wants to enlist in the Air National Guard.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

On 3 Nov 99, the applicant was notified of the commander’s intent to recommend he be discharged from the Air Force for misconduct.  The reasons for the action include:

	a.  Multiple Letters of Reprimand/Counseling/Admonishment for: unattended/neglected vehicle; late for work (eight occasions); smoking in military vehicle; and failure to report to appointment.

	b.  Unfavorable Information File/Control Roster (fail-to-go); Article 15 (fail-to-go) in which punishment included reduction to the grade of airman first class (suspended), forfeiture of $50 pay per month for 2-months, and 7-days extra duty; and nonjudicial punishment suspension vacated (fail-to-go). 

On 3 Nov 99, the applicant acknowledged receipt of the action and elected to submit a statement on his behalf.

On 9 Nov 99, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 12 Nov 99.  

On 15 Nov 99, the applicant was furnished a general (under honorable conditions) discharge.

A request for post-service information was forwarded to the applicant on 8 Nov 17 for review and comment within 30 days (Exhibit C).  

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

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.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  The discharge was not 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-2017-00384 in Executive Session on 18 Sep 18:

	, Panel Chair
	, Panel Member
	, Panel Member

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

Exhibit A:  Application, DD Form 149, w/atch, dated 21 Dec 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 8 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 regarding AFBCMR Docket Number BC-2017-00384.