RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-01029

							COUNSEL:

							HEARING: NO

APPLICANT REQUESTS THAT:

His General, Under Honorable Conditions, discharge be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He had some unfortunate mishaps during his first term, which he regrets.  During his second term he committed another malfeasance, for which he was discharged.  This decision was excessive and amounts to double jeopardy, since he received an honorable discharge for his first term.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

On 27 Oct 94, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for misconduct.  The reasons for the action include:

a.	 Failure to pay debt, for which he received a letter of reprimand, on 11 Oct 94.

b.	 Willful damage of government property and assault, for which he received an Article 15, on 18 Oct 94.

c.	Dereliction in the performance of duties, for which he received an Article 15, on 11 Aug 94.

The applicant acknowledged receipt of the action (undated) and elected to submit a statement on his behalf, dated 1 Nov 94.

On 7 Nov 94, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 9 Nov 94.

On 15 Nov 94, the applicant was furnished a general, under honorable conditions discharge.

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

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.  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-2017-01029 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 16 Jan 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 17 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 AFBCMR Docket Number BC-2017-01029.