RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-04886

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded to at least a General, Under Honorable Conditions, discharge.

APPLICANT CONTENDS THAT:

Minor infractions snow balled into an unjust character of service.  Until the last 6 months of service he served honorably.  His first offence was having his music too loud.  His second was driving while intoxicated. He then tried to enter base while his driving privileges were revoked.  He was threatened with court-martial, and was not advised by his lawyer he would receive an UOTHC discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman.

The applicant’s Master Personnel Records were not available.

On 9 Jun 83, the applicant received an Article 15 for driving while drunk.  Punishment included reduction to the grade of airman first class, forfeiture of $15 for 2 months, and 30 days of correctional custody.  Reduction in grade was suspended until 10 Nov 83, and correctional custody was mitigated to 20 days effective 7 Jul 83.

On 22 Nov 83, the applicant received an UOTHC discharge, with a narrative reason for separation of request for discharge in lieu of trial by court martial.

A request for post-service information was forwarded to the applicant on 12 Dec 17 for review and comment within 30 days (Exhibit C).  In response, the applicant submitted an Identity History Summary from the Federal Bureau of Investigation (FBI) which indicates he was arrested on or about 27 Apr 86 (Exhibit D). 

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

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.  The discharge was 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-2017-04886 in Executive Session on 10 Jul 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 25 Oct 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 12 Dec 17.
Exhibit D:  Applicant’s response, dated 17 Jan 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 regarding AFBCMR Docket Number BC-2017-04886.