RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01090

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST THAT:

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

APPLICANT’S CONTENDS THAT:

He is truly sorry for the actions that caused his discharge.  He was a young man with marriage problems and he had just lost the grandfather who raised him.  He became indifferent and simply did not care about the consequences of his actions.  Today, he is a better person and a proud veteran who wants to make his children proud. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  

The applicant entered the Regular Air Force on 10 November 1998.

On 11 December 2000, the applicant was notified of his commander’s intent to recommend that he be discharged under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, for minor disciplinary infractions as evidenced by two letters of counseling, one letter of admonishment, seven letters of reprimand, one Article 15 and the establishment of an unfavorable information file.

On 14 December 2000, the applicant acknowledged receipt of the discharge action, and indicated that he consulted with counsel, and waived his right to submit statements on his behalf.

On 21 December 2000, the Chief, Military Justice found the discharge legally sufficient and recommended the applicant be discharged with a general (under honorable conditions) service characterization, without probation and rehabilitation.  On 3 January 2001, the discharge authority approved the recommendation.

On 10 January 2001, the applicant received a general (under honorable conditions) discharge and was credited with 2 years, 2 months, and 1 day of active service.  His narrative reason for separation is “Misconduct – Pattern of Minor Disciplinary Infractions.” 

According to DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, dated 30 December 2002, the applicant requested the Air Force Discharge Review Board (AFDRB) upgrade his general (under honorable conditions) discharge to an honorable discharge so he can return to the military.

On 10 June 2003, the AFDRB denied the applicant’s request and determined that the applicant received full administrative due process and his discharge was consistent with the procedural and substantive requirements of the discharge regulation and was with the discretion of the discharge authority.

On 26 September 2017, 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 by this office.

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. 

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 lack of post-service information from the applicant, 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 AFBCMR Docket Number BC-2016-03537 in Executive Session on 17 May 2018:

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

Exhibit A: Application, DD Form 149, dated 20 January 2017.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 26 September 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.