RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00770

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He needs his discharge upgraded to allow him to access to Department of Veterans Affairs (DVA) benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 31 Mar 83.    

On 15 Oct 85, the applicant’s commander notified him that he was recommending he be discharged for a Pattern of Misconduct under the provisions of AFR 39-10, Administrative Separation of Airmen, as evidenced by two Nonjudicial Punishment actions under Article 15 of the Uniform Code of Military Justice, one Letter of Reprimand, and a verbal counseling.  On this same date, the applicant acknowledged receipt of the discharge notification.  By undated letter, the applicant submitted a conditional waiver of his rights to an administrative discharge board, contingent upon his receipt of no less than a general (under honorable conditions) discharge.  

On 2 Dec 85, the Staff Judge Advocate (SJA) found the discharge legally sufficient to support the commander’s recommendation that the discharge authority accept the applicant’s conditional waiver for a general (under honorable conditions) discharge without the offer of probation and rehabilitation. 

On 6 Dec 85, the discharge authority approved the applicant’s conditional board waiver and directed his discharge, and on 11 Dec 85, the applicant received a general (under honorable conditions) discharge without the offer of probation and rehabilitation.  He was credited with 2 years, 6 months, and 28 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B and advisories at Exhibit D and E.  
On 3 Mar 89, the applicant submitted an appeal to the Air Force Discharge Review Board to upgrade his discharge, and on 26 Jul 89, the Board disapproved the request concluding that there existed no legal or equitable basis for upgrade of discharge.  

On 28 Sep 17, the Board sent a request for post-service information to the applicant (Exhibit C), which the applicant never provided.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  There is no evidence or allegation of an error or injustice that tends to undermine the NJP action the applicant received.  A complete advisory is at Exhibit D. 

AFPC/DP2STM recommends denying the application.  There is no evidence of an error or injustice in the discharge processing.  The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  A complete advisory is at Exhibit E. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 25 Jan 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

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.  The Board remains unconvinced the evidence presented demonstrates 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-2017-00770 in Executive Session on 31 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 28 Sep 17.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 18 Jan 18.
Exhibit E:	Advisory opinion, AFPC/DP2STM, dated 24 Jan 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 25 Jan 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.