RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03622

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

His bad conduct discharge be upgraded to general (under honorable conditions) or honorable.

APPLICANT’S CONTENTIONS

His court-martial and subsequent bad conduct discharge were unjust given the facts that the purchase of foreign currency at the current rate was, as the judge stated, a general regulation and probably did not know it existed but was still bound to uphold.  He provided a list of officers involved at various levels, but was told that these individuals had retired and could not be located.  His counsel advised him to take the plea bargain.  As a young, married man with a son and a baby on the way, he just wanted to move on with his life.  Since his discharge, he has obtained his real estate broker’s license in two states and published a book.  He has never had an incident with the judicial system, other than traffic tickets.

In support of his request for clemency, the applicant provides a personal statement, several character statements from friends and religious superiors, a college transcript, certificates of achievement and various other documents related to his appeal.

The applicant’s complete submission is at Exhibit A and Exhibit D.

STATEMENT OF FACTS

The applicant is a former airman basic (E-1) who served in the Regular Air Force.

On 27 Mar 91, the applicant received a bad conduct discharge.  His narrative reason for separation is Conviction by Court-Martial (Other Than Desertion) and he was credited with 8 years, 9 months, and 6 days of active service.

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

POST-SERVICE INFORMATION

On 10 Sep 19, the Board sent the applicant a request for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI), which the applicant provided on 4 Oct 19 (Exhibit D).  According to the report, the applicant has had no arrests since discharge.

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 outweigh 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.

FINDINGS AND CONCLUSION

1.  The application is timely.  Given the requirement for passage of time, all clemency requests are technically untimely.  However, it would be illogical to deny a clemency application as untimely, since the Board typically looks for over 15 years of good conduct post-service.  Therefore, the Board declines to assert the three-year limitations period established by 10 U.S.C. § 1552(b).

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 injustice.  While the Board finds no error in the original discharge process, the Board recommends relief based on clemency.  In view of the applicant's successful transition to civilian life, as evidenced by the account of his post-service adjustment, the Board finds that upgrading his discharge to general (under honorable conditions), the narrative reason for separation and its corresponding separation program designator (SPD) code to secretarial authority, based on clemency, is appropriate.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 27 March 1991, he was discharged with a “General (Under Honorable Conditions)” Character of Service, a Narrative Reason for Separation of “Secretarial Authority” and a Separation Program Designator (SPD) code of “JFF,” and was furnished a discharge certificate.

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-2019-03622 in Executive Session on 28 Jul 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, dated 15 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, SAF/MRBC, dated 10 Sep 19.
Exhibit D:	Applicant’s response, postmarked 4 Oct 19.

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.