RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03989

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her general (under honorable conditions) discharge be reviewed for possible errors of injustice and upgraded.

APPLICANT CONTENDS THAT:

Her discharge was due to a personal conflict with her immediate supervisor which was brought to the attention of the squadron commander.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.

On 04 Nov 99, the applicant was notified of her commander’s intent to recommend that she be discharged from the Air Force under the provisions of AFPD 36-32 (Military Retirements and Separations) and AFI 36-3208. (Administrative Separation of Airmen) Paragraph 5.49 for minor disciplinary infractions.  The reasons for the action were as follows:

	a. On 12 Feb 99, a Letter of Reprimand (Failure to return to duty after a scheduled medical appointment),

	b. On 23 Apr 99, a Letter of Counseling (Failure to type a performance report and use spell check),

	c. On 26 Apr 99, a Letter of Reprimand (Failure to obey a lawful order),

	d. On 19 May 99, a Letter of Reprimand (Failure to go to appointed place),

	e. On 7 Sep 99, a Letter of Reprimand (Making a false statement),

	f. On 4 Aug 99, Article 15 for violation of Article 92 (Failure to notify your duty section of your whereabouts while on 6 ring standby).

The discharge action was found legally sufficient, and the discharge authority approved the recommendation.

On 19 Nov 99, the applicant received a general (under honorable conditions) discharge. 

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  On 4 Nov 99, the applicant’s commander notified her that he was recommending discharge for minor disciplinary infractions and that he was recommending a general (under honorable conditions) service characterization.  The commander provided ample documentation to warrant discharge for misconduct and based on the review of the applicant’s request and the military human resource records, there is no error or injustice with the discharge processing.  While clemency may be granted, the applicant offers no evidence to support why relief should be warranted.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Clemency Bulletin with a request for a Federal Bureau of Investigation (FBI) background check (Exhibit C), and the applicant replied on 26 Apr 18.  In her response, the applicant provided a copy of her FBI report (Exhibit D).

The Board sent a copy of the Air Force evaluation to the applicant on 11 Jul 18 for comment (Exhibit F), 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.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  The discharge wan not 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.

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-2017-03989 in Executive Session on 15 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, dated 04 Dec 17.
Exhibit D:	FBI Report, dated 26 Apr 18.
Exhibit E:	Advisory opinion, AFPC/DP2STM, dated 25 Jun 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jul 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.