RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00229

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He made a mistake during his Air Force career while attempting to assist his single mother and four younger siblings.  His mother had been in an automobile accident and unable to work.  It was his intention to re-enlist following his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 10 Apr 52, the applicant was furnished an Undesirable discharge as an Air Force Private and was credited with 2 years, 7 months and 7 days of total net service completed.

On 14 Mar 52, the applicant was arraigned and charged with Petit Larceny by the State of Nebraska.

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The  Board sent a copy of the Air Force evaluation to the applicant on 05 Feb 18 for comment (Exhibit C), but has received no response.

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 insufficient evidence has been presented to demonstrate the existence of error or injustice.  The Board took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend grating the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend grating the relief.

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-2018-00229 in Executive Session on 19 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, SAF/MRBC to applicant, dated 05 Feb 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.