RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02625

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect he received a Bad Conduct discharge and not a Dishonorable discharge.

APPLICANT CONTENDS THAT:

The Veterans Administration accessed his records to adjudicate his disability claim and said he had a Dishonorable discharge characterization and they will not consider his claim for that service period.  He received a Bad Conduct discharge for 27 Jun 85 – 15 May 91, not a Dishonorable discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 15 May 91, the applicant was furnished a Bad Conduct discharge, with Narrative Reason – Conviction by Court-Martial (Other than Desertion), Separation Code JJD, Reentry Code 2L, and credited with 13 years, 5 months, and 16 days active service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, AF Form 100, Request and Authorization for Separation, and court-martial orders reflect his Bad Conduct discharge.  Defer to Veterans Administration (VA) as it is outside the purview of the BCMR to correct VA records.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 29 Aug 18 for comment (Exhibit D), but has received no response.

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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFLOA/JAJM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s records accurately reflect his Bad Conduct discharge, so there is no action required.  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-2017-02625 in Executive Session on 23 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 18 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 10 Jul 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 Aug 18.

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 Docket Number BC-2017-02625.