RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2018-00995

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: YES 

APPLICANT REQUESTS THAT:

His pay grade of E-3 be restored.

APPLICANT CONTENDS THAT:

He was an E-3 before he was discharged but his DD Form 214, Certificate of Release or Discharge from Active Duty, reflects E-2.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.  

On 28 Feb 83, the applicant received an Article 15 for two instances of theft, for which he was reduced to the grade of airman.  His new date of rank as airman was established as 8 Mar 83  

On 16 Mar 83, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for minor disciplinary infractions.  On 24 Mar 83, the applicant acknowledged receipt of the action and elected to not submit a statement on his behalf.  On 29 Mar 83, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 31 Mar 83.  On 4 Apr 84, the applicant was furnished a general, under honorable conditions discharge.

On 27 Feb 85, the Discharge Review Board (DRB) concluded there was no basis for upgrade of the applicant’s discharge.  Additionally, on 28 Mar 17 the Air Force Board for Correction of Military Records (AFBCMR) voted to deny the applicant’ request to upgrade his discharge.

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  

The commander, at the time of the non-judicial punishment (NJP) action, had the best opportunity to evaluate the evidence in determine what action would best maintain good order and discipline and promote a positive behavior change in the applicant.  The commander’s ultimate decision to impose NJP was based on the evidence of the case.  The applicant did not appeal the NJP, and it was found legally sufficient.  A review of the applicant’s NJP action, finds no basis to set aside.  Furthermore, the applicant has not presented any basis to set aside his NJP action.  

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 20 Aug 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was 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 error or injustice.  The Board concurs with the rationale and recommendation of AFLOA/JAJM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS:  

The applicant be informed that 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-2018-00995 in Executive Session on 16 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2018-00995:

Exhibit A:  Application, DD Form 149, dated 8 Mar 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFLOA/JAJM, dated 25 Jun 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 20 Aug 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.