RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05285

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

1.  His general (under honorable conditions) discharge be upgraded to honorable.
 
2.  Correct his date of enlistment to 26 Jun 89.

3.  Restore his G.I. Bill entitlement.

4.  Reinstate his grade of E-3.

5.  Restore his awards/ribbons for service during Desert Shield/Desert Storm.  

APPLICANT’S CONTENTIONS

He received National Background Investigation Bureau (NBIB) documentation that reflects he received a discharge upgrade to honorable effective Jan 15.  He needs his DD Form 214 corrected for future employment with the NBIB and to reflect his rank and awards.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman (E-2).  

On 18 Jul 89, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant entered the Regular Air Force.

On 8 Jan 92, according to DD Form 214, the applicant was discharged from the Air Force with a general (under honorable conditions) character of service.  His narrative reason for separation is “Misconduct-Other Serious Offenses.”  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) reflects the National Defense Service Medal, the Air Force Training Ribbon, the Small Arms Expert Marksmanship Ribbon, and the Air Force Outstanding Unit Award.  He was credited with 2 years, 5 months and 21 days of active service.

On 8 Aug 01, the Air Force Discharge Review Board denied the applicant’s request to upgrade his discharge finding neither an inequity nor impropriety that would justify a change to his discharge.  

On 13 Dec 17, the applicant’s congressional representative submitted an inquiry (Exhibit C), on behalf of the applicant, to correct his record.  In his request, he states he learned the Air Force upgraded his discharge in 2015 and he became a NBIB Federal Special Agent in Mar 17.   

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

POST-SERVICE INFORMATION

On 22 Feb 19, the Board sent the applicant a request for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI) (Exhibit D); however, he has not replied.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s request for any additional medals/ribbons beyond those annotated on his DD Form 214.  After a thorough review of the applicant’s record, the only military medal they were able to verify for Operation DESERT SHIELD/DESERT STORM is the National Defense Service Medal, which is annotated on his DD Form 214.  On 3 Dec 19, correspondence was sent to the applicant (Exhibit E), requesting any additional documentation.  As of the date of this advisory, a response has not been received.

The complete advisory opinion is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Oct 20 for comment (Exhibit G), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely.  

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions with regard to his decoration.  Furthermore, it appears the applicant’s service dates are corrected based on the evidence of record and his discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, and in the absence of post-service information/criminal history provided by the applicant, the Board finds no basis to do so.  While the Board notes the applicant supplied an NBIB document reflecting an approved discharge upgrade, the Board found no evidence within the applicant’s official military record reflecting an upgrade to his discharge.  Since the applicant’s remaining requests are predicated on his discharge upgrade, the Board recommends against correcting the applicant’s record.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2017-05285 in Executive Session on 17 Dec 20:

Mr. Panel Chair 
Ms. Panel Member
Ms. Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Congressional Request, w/atchs, dated 13 Dec 17.
Exhibit D:	Letter, SAF/MRBC, w/atchs, dated 22 Feb 20.
Exhibit E:  Memorandum, AFPC Recognition Team, dated 3 Dec 19.
Exhibit F:	Advisory opinion, AFPC/DP3SP, dated 7 Sep 20.
Exhibit G:	Notification of advisory, SAF/MRBC to applicant, dated 13 Oct 20.

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