RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01600

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He takes responsibility for the infractions he committed, but does not believe they warranted a UOTHC discharge.  Having a DD Form 214 that reflects a characterization of UOTHC is highly damaging when seeking employment and veterans’ benefits.  While on active duty, he received three Article 15s, the punishment for two which was suspended.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman.
  
On 3 Feb 89, the applicant enlisted in the Air Force Reserve (AFR). 

On 24 May 89, the applicant received non-judicial punishment under Article 15 of the Uniform Code of Military Justice for dereliction of duty.  For this misconduct, he received 14 days of extra duty and forfeiture of $200 pay for one month.

On 9 Sep 90, he was honorably discharged from the AFR and enlisted in the Regular Air Force on 10 Sep 90.

The applicant received a referral performance report in Jun 94.

On 21 Jul 97, the applicant received an Article 15 for wrongfully using a government computer for other than official government business.  For this misconduct, he received a reduction to airman first class, suspended until 23 Jan 98, and 30 days extra duty.

The applicant received a referral performance report in Nov 01.

On 6 Nov 01, the applicant received an Article 15 for dereliction of duty.  For this misconduct, he received a reduction to senior airman, suspended through 5 Feb 02.

An AF Form 2098, Duty Status Change, dated 5 Feb 02, reflects effective 30 Jan 02, the applicant was in civil confinement.

On 9 Oct 02, he was discharged with a character of service of UOTHC, with a separation code of HKB (Misconduct (Civil Conviction)) and reentry (RE) code of 2B (Involuntarily separated with a general or under other than honorable conditions discharge).  He was credited with 12 years and 1 month of active duty service.

On 5 Jul 18, the Board sent 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, the Board has received no response.

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, the Board concludes that the applicant is not the victim of an error or injustice.  The applicant has provided no evidence to suggest the discharge was 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 state of the evidence, and especially in the absence of the requested post-service information and FBI report, 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-2018-01600 in Executive Session on 30 Aug 18:

, 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 7 Apr 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atch, dated 5 Jul 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.