RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03123

   	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 10 Apr 67 discharge, be changed to reflect his character of service as honorable, rather than under honorable conditions.

APPLICANT CONTENDS THAT:

In April 1967, he received a under honorable conditions discharge.  In Sep 85, he enlisted into the Army National Guard (ANG) and served 17 years, 10 months, and 12 days.  He received his NGB Form 22, Report of Separation and Record of Service, effective 31 Jul 03.

In support of his request, the applicant provides several character letters.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 30 Sep 64, the applicant enlisted in the Regular Air Force in the grade of airman basic.
	
He received four (4) Article 15s between 9 Mar 66 and 20 Mar 67 for loitering on post, failing to go and failing to obey a lawful order, and being absent without leave (AWOL).  On 2 Dec 66, the convening authority published Special Court-Martial Order No. 11.  The Order states the applicant pled guilty to the following charges:

	Charge 1:  Two specifications for failing to go to his appointed place of duty (Article 86).
	Charge 2:  Two specifications for traveling more than 25 miles from the base (Article 92).
	Charge 3:  One specification for breaking his restriction to the base (Article 134).

He was found guilty of all charges and specifications; confined at hard labor for three months, and forfeited $86.00 per month for three months.  

According to an indorsement by the 70th Bombardment Wing Commander, dated 24 Mar 67, he recommended the applicant receive an undesirable discharge.

On 10 Apr 67, the applicant received an under honorable conditions discharge after serving two years, three months and five days.

On 22 Sep 85, the applicant enlisted in the Army National Guard and on 31 Jul 03  he received an honorable discharge and was transferred to the Retired Reserve and Retirement after serving 17 years, 10 months and 12 days with service characterized as “Honorable.”  The NGB Form 22 reflects the applicant’s total service for retired pay is 20 years, 4 months, and 22 days.  For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICANT’S REVIEW OF CLEMENCY BULLETIN.  The Board sent a copy of the Clemency Bulletin to the applicant on 30 Oct 17 for comment (Exhibit C), but has received no response.  

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 a thorough review of the evidence of record, the Board finds no evidence to show that the applicant’s discharge was erroneous or unjust.  The Board thoroughly reviewed the circumstances surrounding the applicant's discharge and saw no impropriety in the characterization of his service.  Notwithstanding the above, consideration by this Board, is not limited to the events which precipitated the discharge.  The Board may base their decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  Under the Board’s broader mandate and after careful consideration of all the facts and circumstances of applicant's case, the Board is persuaded that corrective action is appropriate on the basis of clemency.  The Board notes the applicant was transferred to the Retired Reserve after serving 17 years, 10 months and 12 days of honorable service.  In view of foregoing, the Board believes the applicant has led a productive and stable life and it would be an injustice for him to continue to suffer from the adverse effects of the discharge.  Therefore, the Board recommend the applicant’s discharge be upgraded to honorable.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 10 April 1967, he was discharged with service characterized as Honorable and was furnished an Honorable Discharge certificate.

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-2017-03123 in Executive Session on 30 May 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, dated 1 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 pertaining to Docket Number BC-2017-03123.