RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03286

KEVIN A. LUCAS	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

His discharge Under Other than Honorable Conditions be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He was young and made an ill-advised decision in 1980 that has been with him for 37 years.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman.  

On 11 Jan 80, 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, Separation for Unsuitability, Unfitness, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, paragraph 2-78, for the good of the service for alleged theft of government property.  The specific reasons for the discharge action included theft of $1,500 in government property.  The commander recommended discharge in lieu of court-martial.  For more information, see the excerpt of the applicant’s record at Exhibit B. 

On 17 Nov 82, the applicant requested the Air Force Discharge Review Board (AFDRB) upgrade his discharge characterization to Honorable.  The AFDRB found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The Board determined that the misconduct by the applicant precludes the upgrading of his discharge (Exhibit B).

In accordance with Air Force Instruction 36-2603, Air Force Board of Correction for Military Records (AFBCMR), dated 18 Aug 17, paragraph 3.4.4, the applicant has the burden of providing sufficient evidence of material error or injustice.  On 25 Oct 17, a request for post-service information was forwarded to the applicant (Exhibit C).  In this instance, the applicant provided a personal statement; character references; and an FBI Report, dated 29 Mar 18, indicating no issues identified (Exhibit D).

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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an injustice.  While there is no evidence of error in the case, the Board believes that partial relief is warranted as an act of clemency.  In particular, the compelling nature of the character statements in support of the applicant persuades the Board to recommend upgrading his service characterization to Under Honorable Conditions (General).  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 9 May 1980, block 24, Character of Service, reflect Under Honorable Conditions (General). 

The application was adjudicated without a personal appearance.

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-2017-03286 in Executive Session on 16 Aug 18:

Mr. William L. Troy, III, Panel Chair 
Mr. Alan A. Blomgren, Panel Member
Mr. Michael R. Shoults, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, atch, dated 25 Oct 17.
Exhibit D:	Additional Documents from Applicant, dated 5 Apr 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.