RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03821

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He regrets that he was arrested for drinking and driving, but believes he has been punished enough for the mistakes he made when he was young and going through a rough patch in his life.  He is now a lieutenant in the Buffalo Police Department and he owes the Air Force for all that he has achieved.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former airman first class.

On 10 Sep 91, 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 – Discreditable Involvement with Military or Civil Authorities.”  The reasons for the action were as follows:

	a. On 9 Mar 91, the applicant operated a motor vehicle while drunk.  For this misconduct, he received Non-Judicial Punishment under Article 15, Uniform Code of Military Justice.  His punishment consisted of 45 days extra duty, forfeiture of $100.00 pay for two months and suspended reduction to the grade of airman first class.

	b.  On or about 1 Aug 91, the applicant operated a motor vehicle while drunk.  For this misconduct, his suspended reduction to the grade of airman first class was vacated.

On 10 Sep 91, the applicant acknowledged receipt of the discharge notification; on 13 Sep 91, he submitted a statement on his behalf and requested that he be considered for an honorable discharge. 

On 24 Sep 91, the Staff Judge Advocate found the case legally sufficient.  On 27 Sep 91, the discharge authority approved the recommendation and directed the applicant be issued a general (under honorable conditions) discharge without the offer of probation or rehabilitation.  

On 2 Oct 91, the applicant received a general (under honorable conditions) discharge, with separation code of JKA, which denotes Misconduct - Pattern Discreditable Involvement with Military or Civil Authorities.  He was credited with 3 years, 11 months and 10 days of active duty service.  For more information, see the excerpt of the applicant’s record at Exhibit B.

On 29 Oct 17, a request for post-service information was forwarded to the applicant for review and comment (Exhibit C).  As of this date, no response has been received by this office.

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, the Board concludes 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, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

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 applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered on 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-2017-03821 in Executive Session on 26 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 16 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 29 Oct 17.

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