RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02052

	COUNSEL:

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was young and immature, made some bad decisions, and takes full responsibility for his actions.  He has learned from his mistakes and would like the Board to consider upgrading his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 18 April 2001.

On 2 April 2002, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, for conduct prejudicial to good order and discipline.  The specific reasons for this action are the applicant had four documented incidents of being derelict in the performance of his duties for failing to refrain from consuming alcoholic beverages while under the age of 21 years; one incident of failure to go at the time prescribed to his place of duty; and one incident of failure to report at class for alcohol counseling as evidenced by three Articles 15, one letter of reprimand, and the establishment of an Unfavorable Information File.  On the same day, the applicant acknowledged receipt of the discharge notification.

On 3 April 2002, after consulting with counsel, the applicant waived his right to submit matters on his own behalf.

On 8 April 2002, the Staff Judge Advocate found the discharge legally sufficient and recommended the discharge authority approve the applicant’s separation for misconduct, without probation and rehabilitation.  The discharge authority approved the recommendation on 19 April 2002.

On 24 April 2002, the applicant received a general (under honorable conditions) discharge.  His narrative reason for discharge is “Misconduct” and he was credited with 1 year and 3 days of active service.

On 28 June 2008, the applicant applied to the Air Force Discharge Review Board (AFDRB) requesting that his discharge be upgraded to honorable.  The AFDRB concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, that the applicant was provided full administrative due process, and that the applicant’s discharge should not be changed.

On 4 October 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; 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-2017-02052 in Executive Session on 28 June 2018:

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

Exhibit A:	Application, DD Form 149, dated 14 April 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, SAF/MRBC, dated 4 October 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.