RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-04567

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His discharge was inequitable and the discharge characterization too harsh and too severe for the three offenses he committed in a 7-month period.  Furthermore, there was never any offer of assistance for rehabilitation, and the command did not give weight to his good work record.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 19 Nov 01, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for misconduct.  The reasons for the action include:

	a.  On or about 21 Feb 01, failure to go to duty location at prescribed time, for which he received a letter of reprimand.

	b.  On or about 31 May 01, failure to go to duty location at prescribed time.  On or about 30 May 01, failure to secure his weapon and remain awake while on duty.  For these infractions he received and Article 15, 30 days extra duty, and reduction to the grade of airman (reduction suspended).

	c.  On or about 29 Sep 01, driving while drunk, for which his suspended reduction to the grade of airman was vacated, he received an Article 15, and was reduced to the grade of airman basic.

On 19 Nov 01, the applicant acknowledged receipt of the action and elected to submit a statement on his behalf.

On 6 Dec 01, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 14 Dec 01.  

On 21 Dec 01, the applicant was furnished a UOTHC discharge.

A request for post-service information was forwarded to the applicant on 1 Dec 17 for review and comment within 30 days (Exhibit C).  In response, he submitted an Identity History Summary from the Federal Bureau of Investigation (FBI) which indicates arrest data at the FBI (Exhibit F).

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  

The applicant received two Article 15 actions for misconduct.  The commander’s decision to impose non-judicial punishment was based on the evidence of the case, and was within the limits of his authority and discretion.  The applicant has not presented any basis to set aside either of his Article 15 actions.  The complete advisory is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 31 Jul 18 for comment (Exhibit E).  In response, he submitted an Identity History Summary from the FBI which indicates on 7 Jan 13 he was arrested for possession of a controlled substance. 

THE BOARD CONCLUDES:

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.  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.  

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-2017-04567 in Executive Session on 4 Sep 18 and 13 Nov 18:

, 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 9 Apr 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 1 Dec 17.
Exhibit D:  Advisory opinion, AFLOA/JAJM, dated 10 Jul 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 31 Jul 18.
Exhibit F:  FBI Identity History Summary, dated 22 Aug 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.