ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00999-2

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The Board reconsider his request to upgrade his general (under honorable conditions) discharge to honorable.

RESUME OF THE CASE

The applicant is a former Air Force airman basic (E-1).  

On 24 Sep 20, the Board considered and denied his request to upgrade his discharge; finding the applicant had provided insufficient evidence of an error or injustice to justify relief.  The Board found the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Additionally, the discharge was not unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency.  While the Board notes the applicant provided an FBI report showing no arrests, the Board also notes the applicant did not provide any other post-service documents as outlined in the clemency bulletin sent on 27 Mar 20, such as contributions to the community, character references, or educational accomplishments.  Should the applicant provide evidence of his post-service accomplishments, the Board may reconsider his request.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit G. 

On 13 Jan 21, the applicant requested reconsideration of his request for a discharge upgrade.  He again contends when his commander recommended his discharge for "minor disciplinary infractions," he not only accepted responsibility for his actions, but also attempted to explain ongoing mental/psychological struggles due to trauma while in the line of duty.  He stated that he was “physically and mentally exhausted," and even though he sought mental health treatment for his symptoms, his leadership never considered this as it impeded the effective execution of his duties.  He has since been diagnosed with Post-Traumatic Stress Disorder (PTSD).  

In support of his reconsideration request, the applicant submitted the following new evidence: (1) Bachelor of Arts Degree; (2) Master of Arts Degree; (3) Management Leadership Award; (4) Numerous Recognition Letters; (5) Numerous Character Reference Letters; (6) Work Performance Evaluations; and (7) a Personal Statement. 

The applicant’s complete submission is at Exhibit H.

APPLICABLE AUTHORITY/GUIDANCE

On 25 Jul 18, the Under Secretary of Defense for Personnel and Readiness issued supplemental guidance (Wilkie Memo) to military corrections boards in determining whether relief is warranted based on equity, injustice, or clemency.  These standards authorize the board to grant relief in order to ensure fundamental fairness.  Clemency refers to relief specifically granted from a criminal sentence and is a part of the broad authority Boards have to ensure fundamental fairness.  This guidance applies to more than clemency from sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  Each case will be assessed on its own merits.  The relative weight of each principle and whether the principle supports relief in a particular case, are within the sound discretion of each Board.  In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, the Board should refer to the supplemental guidance, paragraphs 6 and 7. 

The entire guidance can be found at Exhibit C.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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 particular, the applicant’s post-service accomplishments and community standing were sufficient for the Board to recommend the applicant’s records be corrected as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show on 13 May 1998, he was discharged with service characterized as honorable, and a separation code and corresponding narrative reason for separation of JFF (Secretarial Authority). 

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-2020-00999-2 in Executive Session on 23 Nov 21:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit G:	Record of Proceedings, w/ Exhibits A-F, dated 24 Sep 20.
Exhibit H:	Application, DD Form 149, w/atchs, dated 13 Jan 21.

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.