RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05175

XXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

During his service, he was the only security specialist to receive an excellent rating during the Wing Security Evaluation.  After this outstanding achievement, his first sergeant began a series of events discouraging his positive performance.  As a young man, he may have misunderstood the first sergeant’s intentions, but he felt like he was being singled out and he began to act recklessly.  Since his discharge, he has spent the past 15 years organizing and providing support for several veteran’s causes and events. 

In support of his request for clemency, the applicant provides a personal statement and three character statements.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 14 May 1980.

On 26 August 1981, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, for unsuitability, as evidenced by one Article 15 and two letters of reprimand. 

On 3 September 1981, the applicant acknowledged receipt of the discharge notification and after consulting with counsel, on the same day, he provided a statement for the discharge authority’s consideration requesting that he be separated with an honorable discharge.

On 15 September 1981, the Staff Judge Advocate found the discharge legally sufficient and recommended the discharge authority approve the applicant’s separation with a general discharge, without probation and rehabilitation.  The discharge authority approved the recommendation.

On 22 September 1981, the applicant received a general (under honorable conditions) discharge.

On 16 December 2017, a request for post-service information was forwarded to the applicant 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.

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.  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, and especially in the absence of post-service information from the applicant, 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-2017-05175 in Executive Session on 16 August 2018:

, 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 1 November 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 16 December 2017.

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