RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03042

XXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He has had the same career since he was discharged working with at risk youth groups and volunteering with law enforcement.  He knows he made mistakes in the past and he owns them.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class, who entered active duty in the Regular Air Force on 30 Jun 99.  

On 7 Apr 00, the applicant received a Letter of Reprimand (LOR) for underage drinking.

On 13 Apr 00, the applicant received a LOR for failure to go to an appointed place of duty.

On 22 May 00, the applicant received an Article 15, Non-judicial Punishment, for making a false statement to two Air Force Office of Special Investigations (AFOSI) agents, in violation of Article 107, Uniform Code of Military Justice.

On 11 Jul 00, 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 para 5.49 for  minor disciplinary infractions.  The reasons for the action were as follows:

a.	On or about 11 Mar 00, made a false official statement to an AFOSI officer.

	b.  On or about 5 Apr 00, he was derelict in the performance of his duties-underage drinking.

c.	On or about 11 Apr 00, he failed to remain at his medical appointment.

On 11 Jul 00, the applicant was notified of the recommendation for discharge action.

On 25 Jul 00, the discharge action was found legally sufficient and the discharge authority approved the recommendation.

On 31 Jul 00, the applicant received an “under honorable conditions (general)” character of service discharge.  He was credited with one year, one month and one day of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B.

On 21 Dec 17, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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.  The discharge was not 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-2017-03042 in Executive Session on 29 Aug 18:

, Panel Chair
, Member
, Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Nov 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.