RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02635

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He is a state employee and would like his discharge upgraded in order to “buy back” his military time for his civilian retirement. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former airman first class.  

On 17 Jul 81, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12, Administrative Separation of Airmen, for “alcohol abuse and failure to cooperate in and complete an Alcohol Rehabilitation Program.”  The reasons for the action were due to several alcohol related incidents that included driving while intoxicated, assault, and using obscene and racial language as evidenced by two Article 15s, one Letter of Reprimand, and his continued failure to successfully complete an Alcohol Rehabilitation Program.  On this same date, the applicant acknowledged receipt of the notification of discharge.

On 31 Jul 81, an evaluation officer determined the applicant was unsuitable for further military service and recommended he be furnished a general (under honorable conditions) discharge without the offer of rehabilitation.

On 4 Aug 81, the discharge action was found legally sufficient and on 14 Aug 81, the discharge authority approved the recommendation.  

On 14 Aug 81, the applicant received a general (under honorable conditions) discharge for Unsuitable—Alcohol Abuse and was credited with 2 years, 11 months and 14 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B.

On 14 Nov 17, a request for post-service information was forwarded to the applicant for review and comment (Exhibit C).  In response, documentation from the Criminal Justice Information Services (CJIS) Division of the FBI, dated 29 Mar 18, was provided and revealed that on 31 Mar 99, the applicant was arrested for driving while intoxicated and was sentenced with a fine in the amount of $300 and a suspended license (Exhibit D).   

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, 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-2017-02635 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/atchs, dated 7 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 14 Nov 17.
Exhibit D:	FBI Background Check, dated 29 Mar 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.