RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03907

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He did not have enough time to make a decision regarding his discharge actions.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 23 Oct 01.    

On 6 Dec 05, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen for Misconduct: Commission of a Serious Offense, Other Serious Offenses and Misconduct: Minor Disciplinary Infractions.  The reasons for the action included dereliction of duty, several instances of failure to go to his appointed place of duty, and domestic assault; all in violation of various articles of the Uniform Code of Military Justice (UCMJ); for which he received four Letters of Reprimand, two Letters of Counseling, and one non-judicial punishment action under Article 15 of the UCMJ.  On this same date, the applicant acknowledged receipt of the discharge notification.  On 9 Dec 05, he submitted a statement on his behalf and requested that he be retained in the Air Force.

By undated letter, the Staff Judge Advocate found the discharge legally sufficient, and on 
20 Dec 05, the discharge authority approved the commander’s recommendation and directed the applicant be issued a general (under honorable conditions) discharge, without probation and rehabilitation.  

On 29 Dec 05, the applicant was discharged with credit for 4 years, 2 months, and 7 days of active duty service.

On 3 Jan 14, the applicant submitted an appeal to the Air Force Discharge Review Board (AFDRB) to upgrade his discharge.  On 4 Sep 14, the AFDRB disapproved the request, concluding the applicant had received due process and there existed no basis to upgrade the discharge.   For more information, see the excerpt of the applicant’s record at Exhibit B and advisory at Exhibit C.

AIR FORCE EVALUATION:

SAF/MRBP did not provide a recommendation apart from the 2014 case result noted above.  The advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 14 Mar 18 for comment (Exhibit D), 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, the Board concludes 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 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-2017-03907 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/atchs, dated 25 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MRBP, dated 2 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Mar 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.