RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03818

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to a general (under honorable conditions).

He be provided a copy of his official military personnel file (OMPF) and DD Form 214, Certificate of Release or Discharge from Active Duty.  

APPLICANT CONTENDS THAT:

He was supposedly discharged from the Air Force due to a pattern of misconduct.  However, he was discharged because his commander stated he did not clean a bathroom.  He was punished under Article 15 action, reduced in rank, had to live in the bathroom for a week and was subsequently discharged.  His discharge was due to racism because his squadron commander systematically discharged African Americans over a course of one to two years due to minor infractions.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (E-1).  

On 8 December 1983 as amended on 23 February 1984, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for a pattern of misconduct.  Specifically, the reason for he proposed discharge is his discreditable involvement with military authorities.  He received two non-judicial punishment (NJP) actions under Article 15 of the Uniform Code of Military Justice (UCMJ), two Letters of Counseling (LOC), four Letters of Reprimand (LOR), and one Letter of Indebtness (LOI).  

On 19 March 1984, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 28 March 1984.

On 30 March 1984, the applicant received a (under other than honorable conditions) discharge.

On 27 November 2017, a request for post-service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).  

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

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.  Based on the available evidence of record, it appears the applicant’s discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  The applicant has provided no evidence, which would lead the Board to believe the discharge was contrary to the provisions of the governing regulations, unduly harsh or disproportionate to the circumstances.  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.  Regarding the applicant’s request for a copy of his military records, the Board is not the custodian of the applicant’s records.  The applicant may request a copy of his records by writing to the National Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138 or accessing their website at https://www.archives.gov/st-louis.
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-2017-03818 in Executive Session on 24 July 2018:

Panel Chair
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 August 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR to applicant, dated 27 November 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.