RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03055

MICHAEL A. CAPUTO	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He is past the 15-year waiting period.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.  

On 3 Apr 00, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for Misconduct—Minor Disciplinary Infractions, under the provisions of AFI 36-3208, Administrative Separation of Airmen, paragraph 5.49.    The specific reasons for the discharge action included failure to report for duty, misuse of his government credit card, burning the hair on the back of another airman’s head with a cigarette lighter, and failure to go; all in violation of various articles of the Uniform Code of Military Justice (UCMJ); for which he received Non-judicial Punishment (NJP) under Article 15 of the UCMJ, reduction in grade, forfeiture of pay, extra duty, a letter of counseling, and letter of reprimand.  

On 26 Oct 17, a request for post-service information was forwarded to the applicant (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 and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application finding no legal basis to set aside the applicant’s NJP.  The applicant presents no other basis for relief.  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 22 Jun 18 for comment (Exhibit E), 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 that the applicant is not the victim of an error or 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, and especially the lack of post-service information from the applicant, 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-2017-03055 in Executive Session on 30 Aug 18:

Mr. Joseph D. Yount, Panel Chair 
Ms. Gail P. Forest, Panel Member
Mr. Richard K. Hartley, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 26 Oct 17
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 5 Jun 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 22 Jun 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.