RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-02250

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded.

APPLICANT CONTENDS THAT:

He requests an upgrade of his discharge in order to receive Department of Veterans Affairs (VA) benefits.  He has bettered his life, and is no longer the immature irresponsible person he was in the military.  He has not been in trouble with the law, and has volunteered in his community since his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman third class.

On 12 Apr 62, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for habits and traits of character which make him completely unfit for military service.  The reasons for the action include:

	a.  Failure to go to appointed place of duty, and failure to repair, for which he received two Article 15 actions.

	b.  Multiple letters of indebtedness, for which he received counseling.

	c.  Multiple traffic violations, and subsequent arrest.

On 13 Apr 62, the applicant acknowledged receipt of the action and elected to not submit a statement on his behalf.

On 24 Apr 62, the discharge authority approved the recommendation for discharge.  

On 27 Sep 62, the applicant was furnished an UOTHC discharge.

A request for post-service information was forwarded to the applicant on 24 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-2017-02250 in Executive Session on 22 May 18:

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

Exhibit A:  Application, DD Form 149, dated 19 Apr 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 24 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-2017-02250.