RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-04573

XXXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

The misconduct portion of his discharge be reviewed and deleted from his record. 

APPLICANT CONTENDS THAT:

He wants to obtain a Department of Veterans Affairs (VA) loan.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.

On 23 Jan 95, 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.  Between 1 Aug 94 to 21 Oct 94, he allowed a guest to stay overnight in his dormitory.  On or about 15 Oct 94, he assaulted two military members.  For these action he received an Article 15, reduction to the grade of E-2, 45 days extra duty, and forfeiture of $474 per month for 2-months (forfeiture of pay suspended).

	b.  On or about 3 Oct 93, made a false official statement, and willfully and wrongfully damaged a vehicle.  For these actions he received an Article 15, forfeiture of $50 pay, and 7 days extra duty.

On 30 Jan 95, the applicant acknowledged receipt of the action and elected to submit a statement on his behalf.

On 2 Feb 95, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 4 Feb 95.  

On 9 Feb 95, the applicant was furnished a general, under honorable conditions discharge, for misconduct.

A request for post-service information was forwarded to the applicant on 19 Nov 17 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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 commander’s ultimate decision to impose non-judicial punishment (NJP) was based on the evidence of the case, including the extenuating and mitigating information provided by the applicant, and his punishment decision was well with the limits of his authority and discretion.  The applicant has not presented any basis to set aside either of his NJP 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), but has received no response. 

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 error or injustice.  The Board concurs with the rationale and recommendation of AFLOA/JAJM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  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-2017-04573 in Executive Session on 4 Sep 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, dated 17 Oct 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 19 Nov 17.
Exhibit D:  Advisory opinion, AFLOA/JAJM, dated 2 Jul 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 31 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.