RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03270

XXXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His character of service on his NGB Form 22, Report of Separation and Record of Service, be corrected from “tentative: under other than honorable conditions” to honorable.

APPLICANT’S CONTENTIONS

In support of his request, the applicant provides copies of his NGB Form 22, effective 1 Oct 82 and Reserve Order CA-013704, dated 16 Sep 83.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

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

Effective 1 Oct 82, the applicant was discharged from the Texas Air National Guard with a tentative: under other than honorable conditions character of service and transferred to the Air Force Reserve.

Effective 10 Sep 83, the applicant was honorably discharged from the Air Force Reserve, Reserve Order CA-013704, dated 16 Sep 83.

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

APPLICABLE AUTHORITY

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 June 2017, paragraph 1.18, the types of service characterization are as follows: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweighs positive aspects of the airman's military record.

Under Other than Honorable Conditions.  When basing the reason for separation on a pattern of behavior or one or more acts or omissions that constitute a significant departure from the conduct expected of airmen.  The member must have an opportunity for a hearing by an administrative discharge board or request discharge in lieu of trail by court-martial.  Examples of such behavior, acts, or omissions include, but are not limited to:

•	The use of force or violence to produce serious bodily injury or death.

•	Abuse of a special position of trust.

•	Disregard by a superior of customary superior - subordinate relationships.

•	Acts or omissions that endanger the security of the United States. 

•	Acts or omissions that endanger the health and welfare of other members of the Air Force.

•	Deliberate acts or omissions that seriously endanger the health and safety of other persons.

•	Rape, sexual assault, aggravated sexual contact, abusive sexual contact, rape of a child, sexual assault of a child, sexual abuse of a child, forcible sodomy and attempts to commit these offenses.

AIR FORCE EVALUATION

NGB/A1PP recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  The character of service on the applicant’s NGB Form 22 indicates Tentative: Under Other Than Honorable.  The recognized characterization of services are Honorable, Under Honorable Conditions (General), Under Other than Honorable Conditions, Bad Conduct, Dishonorable, and Uncharacterized.  A review of applicant’s military record did not reveal any documentation to indicate he merited less than an honorable discharge.  It is recommended that his character of service be updated to honorable.

The complete advisory opinion 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 8 May 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show his NGB Form 22, Report of Separation and Record of Service, with an effective date of 1 October 1982, in Block 8d, Character of Service, be amended to read “Honorable.”

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-2019-03270 in Executive Session on 30 Jun 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Jun 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 8 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 May 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.