RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04948

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He was young and immature when he entered the Air Force and made many mistakes during his enlistment.  However, his discharge should not have been characterized as under other than honorable conditions because he was never arrested, tried in civil court, or jailed.  Since his separation, he has been gainfully employed and has obtained national and state certificates from the Occupational Safety and Health Administration and a general contractor’s license.  He was honored to serve in the Air Force and would do things differently if he had the chance.  In support of his request for clemency, the applicant provides a personal statement, and two character statements.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (E-1).

On 15 April 1963, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness, for frequent involvement of a discreditable nature with civil or military authorities, as evidenced by two summary court-martial convictions.  The commander recommended the applicant’s discharge be characterized as undesirable.  On 15 April 1963, the applicant acknowledged receipt of the discharge notification and indicated that he consulted with counsel, waived his right to a board hearing and waived his right to submit statements on his behalf.

On 18 April 1963, the staff judge advocate found the discharge action legally sufficient and recommended the applicant be separated with an undesirable discharge characterization.  The discharge authority approved the recommendation on 2 May 1963.

On 7 May 1963, the applicant received an under other than honorable conditions discharge.

On 10 December 2017, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  The applicant replied on 22 February 2018 and 2 July 2018.  In his response, the applicant contended that he is unable to obtain a Federal Bureau of Investigation (FBI) background check.  In order for the FBI to conduct a background check, they require fingerprints.  He is confined to bed and unable to go to a fingerprinting facility to get fingerprinted and has not been able to locate anyone who will come to his residence to accommodate his need.  He provided a report of public records from an internet site called Check Mate.  The applicant also provided a personal statement, several character statements, certificates of achievement, and various other documents related to his appeal.  The applicant’s complete response, with attachments, is at Exhibit D.

For more information, see the excerpt of the applicant’s record at Exhibit B, the post service letter at Exhibit C, and the applicant’s response at Exhibit D.

THE BOARD CONCLUDES THAT:

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-2017-04948 in Executive Session on 12 July 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 October 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, SAF/MRBC, dated 10 December 2017.
Exhibit D:	Applicant’s response, dated 22 February 2018 and date stamped 2 July 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.