RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00487

	COUNSEL: NONE

 	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He honored his first six-year enlistment and reenlisted.  He had an issue with his supervisor after his supervisor said some personal negative comments to him that affected him emotionally.  He left his job at the base that day and never returned.  He now realizes leaving was a mistake.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air National Guard airman first class.  

On 21 Jan 95, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air National Guard under the provisions of AFI 36-3209 for unsatisfactory participation.  The reasons for the action were as follows:

a.	On 17 Apr 94, the applicant was given non-judicial punishment for failing to report to his appointed place of duty at the prescribed time on numerous occasions, in violation of the New York State Military Law, Section 130.82.  He was demoted to senior airman.

b.	On 17 Sep 94, the applicant was given non-judicial punishment for failing to report to his appointed place of duty at the prescribed time on numerous occasions, in violation of the New York State Military Law, Section 130.82.  He was demoted to airman first class.

On 8 Apr 95, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 21 Jun 95.

On 23 Jun 95, the applicant received an Under Honorable Conditions (General) discharge. 

On 3 Oct 17, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, no response has been received.

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-2017-00487 in Executive Session on 12 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 3 Oct 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 Docket Number BC-2017-00487.