RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05296

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His discharge Under Honorable Conditions (General) be upgraded to a Honorable discharge.

APPLICANT CONTENDS THAT:

An Honorable discharge is required for some Veterans’ benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 6 Sep 74, the applicant enlisted in the Regular Air Force.  

On 6 Oct 76, 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, Chapter 2, Section A, para 2-4c, Apathy, Defective Attitude or Inability to Expend Effort Constructively.  The reasons for the action was the applicant received two Article 15s, two Letters of Reprimand (LORs), one Record of Counseling and three Statements of misconduct.

On 3 Nov 76, the discharge action was found legally sufficient, and the discharge authority approved the recommendation.

On 10 Nov 76, the applicant received a General discharge, and was credited with two years, two months and five days of active duty service. 

On 25 Dec 17, a request for post-service information and a Federal Bureau of Investigation (FBI) background check was forwarded to the applicant (Exhibit C).  As of this date, no response has been received by this office.

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, 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.

The application was adjudicated without a personal appearance.

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-2017-05296 in Executive Session on 7 Jun 18:

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

Exhibit A:	Application, DD Form 149, dated 1 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Dec 17.

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