RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02208

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was unaware that he could request that his discharge be upgraded.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former staff sergeant.

On 29 Jan 85, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for “Misconduct – Pattern of Minor Disciplinary Infractions,” as evidenced by two Article 15s, two Letters of Reprimand, and various verbal and written counseling’s for a myriad of infractions.  On this same date, the applicant acknowledged receipt of the notification of discharge. 

On 7 Feb 85, the applicant exercised his right for a hearing before an administrative discharge board and on 22 Feb 85, an administrative discharge board convened and recommended that the applicant be discharged for misconduct for minor disciplinary infractions with a general (under honorable conditions) discharge without the offer of probation and rehabilitation. 

On 27 Feb 85, the Staff Judge Advocate (SJA) found the administrative discharge board proceedings to be legally sufficient.  The discharge authority approved the recommendation on 8 Mar 85 and directed the applicant be issued a general (under honorable conditions) discharge.

On 13 Mar 85, the applicant received a general (under honorable conditions) discharge for Misconduct - Pattern of Minor Disciplinary Infractions, with credit for 15 years, 9 months and 5 days of service.  For more information, see the excerpt of the applicant’s record at Exhibit B. 

On 23 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; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted 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-2017-02208 in Executive Session on 26 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 25 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 23 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.