RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03279

  	COUNSEL: NONE

  	HEARING: NO

APPLICANT REQUESTS THAT:

The deceased member’s under honorable conditions (UHC) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

She would like her son to be inurned in the same niche as his father.  Her son died on 18 Jan 17.  She pursued his burial wishes through Arlington National Cemetery; however, she was inform that he was not eligible due to the general discharge and that the prior correspondence was a mistake.  She was told that she could ask for an exception to the policy.  Her son was promised that he could be inurned at the cemetery; thus, the promise should be kept.  She feels all veterans are entitled to burial in a military cemetery unless they received a dishonorable discharge. 

In support of her request, she provides a letter from the Department of the Army, Army National Cemeteries Program, Arlington National Cemetery, dated 1 Aug 12, that notified the decedent of his eligibility to be inurned in the Columbarium or Niche Wall at Arlington National Cemetery.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The decedent is a former member of the Air Force.  He received a UHC discharge with a narrative reason for separation of ‘Misconduct-Frequent Involvement with Civil/Military Authorities-Evaluation Officer,” and the correlating SPD code of JKA (Service initiated discharge directed by established directive resulting from a pattern of misconduct of a discreditable nature with civil or military authorities).  For more information, see the excerpt of the applicant’s record at Exhibit B.

Title 32 CFR 553.11 General rules governing eligibility for interment, inurnment, and memorialization at Arlington National Cemetery, states in part that no veteran is eligible for interment, inurnment, or memorialization in Arlington National Cemetery unless the veteran's last period of active duty ended with an honorable discharge.  A general discharge under honorable conditions is not sufficient for interment, inurnment or memorialization in Arlington National Cemetery. 

APPLICANT’S REVIEW OF CLEMENCY BULLETIN.  The Board sent a copy of the Clemency Bulletin to the applicant on 26 Oct 17 for comment (Exhibit C), 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 injustice.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, after considering the applicant’s overall quality of service and the lack of post service information, we cannot conclude that clemency is warranted.  In view of the above, we cannot recommend approval based on the current evidence of record.  
 
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-2017-03279 in Executive Session on 30 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, dated 26 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.