RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01699

	COUNSEL:  NONE

	HEARING:  NOT INDICATED

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His offenses did not warrant a discharge, he was too young to realize and contest the action.  He has led a good and honest life and the indiscretions of his youth should not haunt him his entire life.  The applicant’s complete submission is at Exhibit A. 

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 5 Jan 87.  

On 13 Jul 89, the applicant was notified by his commander of his intent to recommend his discharge for minor disciplinary actions, under the provisions of AFR 39-10, Administrative Separation of Airmen.  The reasons for the action included failure to go to his appointed place of duty, acting in a disorderly manor, dereliction of duty, failure to fulfill financial responsibilities, operating a motor vehicle without proper registration, and wrongfully consuming alcohol; all in violation of various articles of the UCMJ; for which he received three Letters of Counseling, two Letters of Reprimand and two Article non-judicial punishment actions under Article 15 of the Uniform Code of Military Justice.  On this same date, the applicant acknowledged receipt of the notification of discharge.  By letter, dated 18 Jul 89, the applicant waived his option to consult counsel and his right to submit statements on his behalf.

On 20 Jul 89, the Staff Judge Advocate found the case to be legally sufficient.  On 21 Jul 89, the discharge authority approved the commander’s recommendation directing the applicant’s administrative discharge without the offer of probation or rehabilitation.  On 27 Jul 89, the applicant was furnished a general (under honorable conditions) discharge for Misconduct—Pattern of Minor Disciplinary Infractions and was credited with 2 years, 6 months, and 23 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B. 

On 13 Oct 17, a request for post-service information was forwarded to the applicant for review and comment (Exhibit C).  As of this date, no response has been received by this office.

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 evidence presented, and the absence 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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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-2017-01699 in Executive Session on 21 June 18:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 25 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 13 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.