RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00446

	COUNSEL: 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge, separation program designator (SPD) code “JKN” and narrative reason for separation of “Minor Disciplinary Infractions” be upgraded to permit reenlistment in the Armed Forces.  

APPLICANT CONTENDS THAT:

He did not do anything worthy of separation.  Others who committed the same offenses were allowed to remain in technical school and proceed to their first duty station.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former airman first class.

On 30 Nov 16, the applicant was notified of the recommendation for discharge for misconduct (minor disciplinary infractions).  Reasons include a letter of counseling (LOC) for leaving an unsecured vape in his a room, a LOC for failure to follow instructions and for being late, a letter of reprimand (LOR) for failure to follow instructions and a LOR for underage drinking.

On 9 Dec 16, the applicant acknowledged the discharge recommendation, consulted counsel and submitted statements in his own behalf.

On 13 Dec 16, the staff judge advocate found the discharge recommendation legally sufficient.

On 19 Dec 16, the discharge authority approved the recommendation for discharge.  

On 22 Dec 16, the applicant was discharged with a general (under honorable conditions), RE code “2B,” SPD code “JKN” and narrative reason for separation of “Minor Disciplinary Infractions.”  He served 8 months and 24 days of active duty service.  

On 2 Oct 17, the AFBCMR informed the applicant he had failed to exhaust available administrative avenue of relief prior to requesting relief from the AFBCMR.  He was advised the Air Force Discharge Review Board (AFDRB) was the first level of review and that he could request his case be administratively closed to pursue application to the AFDRB.  The applicant was advised if a response was not received within 30 days, his application would be forwarded to the Board where his request would likely be denied.  As of this date, no response has been received.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits D and E.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial for upgrade of his discharge.  The discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.   The complete advisory is at Exhibit D.

AFPC/DP2SSM recommends denial for change of his RE code.   The RE code “2B” is compatible for a general discharge.  The complete advisory is at Exhibit E.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 20 Feb 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant did not exhaust all available avenues of non-judicial relief before applying to the Board.  The Board does not consider applications without documentation showing exhaustion of such avenues of relief.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  As indicated in the SAF/MRBC letter dated 2 Oct 17, the AFDRB is the first level of review for those who are seeking a change to the characterization of service or narrative reason for discharge and RE code.  Should the applicant not receive a favorable decision from the AFDRB, he may resubmit his application to the AFBCMR.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed all available avenues of administrative relief have not been exhausted, and the application will only be reconsidered upon receipt of documentary evidence indicating that such avenues of administrative relief have been exhausted.

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-2017-00446 in Executive Session on 15 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Notification of Failure to Exhaust, w/atch, dated 2 Oct 17.
Exhibit D. Advisory opinion, AFPC/DP2STM, dated 13 Feb 18.
Exhibit E.  Advisory opinion, AFPC/DP2SSM, dated 20 Feb 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Feb 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.