RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04592 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His discharge be upgraded from “dismissal” to a general (under 
under honorable conditions) discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He accepts responsibility for his actions; however, his 
discharge reason is preventing him from obtaining gainful 
employment. 

 

He believes an upgrade of his discharge will enable him to 
successfully obtain employment with a major airline and finally 
give him stability and a significant increase in compensation. 

 

He is not the same person and is happily married with two 
children, and desires to provide for his family. 

 

In support of the request, the applicant provides personal 
statements, statements from his wife, who is the former female 
enlisted member with whom the applicant was found guilty of 
fraternization, an e-mail, character letters, and a declaration. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 14 Feb 97, the applicant entered the Regular Air Force and 
was progressively promoted to the grade of captain. 

 

Available records reflect that between 24 Mar 05 and 6 Feb 06, 
the applicant knowingly fraternized with a female enlisted 
member. 

 

In August 2005, the applicant’s wife reported his affair to his 
commander. The commander issued the applicant a lawful order 
not to have contact with the enlisted person. 

 


From 19 Aug to 6 Dec 05, the applicant violated the commander’s 
order by e-mailing, telephoning, and having physical contact 
with the enlisted member. 

 

On 7 Dec 05, the commander issued another no contact order; 
however, the applicant violated the order by e-mailing, 
telephoning, and having physical contact with the enlisted 
member. 

 

On 18 May 06, the applicant was tried by a general court-
martial. He pled guilty to two specifications of failing to 
obey no-contact orders and one specification of knowingly 
fraternizing with an enlisted person. His punishment consisted 
of a dismissal, 30 days confinement, and a reprimand. 

 

On 26 Apr 07, the Air Force Court of Criminal Appeals affirmed 
the findings and the sentence as adjudged. On 5 Sep 07, the 
United States Court of Appeals for the Armed Forces denied the 
applicant’s appeal, making the findings and sentence in his 
case final and conclusive. The applicant was dismissed from the 
Air Force on 15 Dec 07. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. JAJM states the application does 
not include sufficient justification for clemency. Clemency in 
this case would be unfair to those individuals who honorably 
served their country while in uniform. Further, it would be 
offensive to all those who served honorably to extend the same 
veterans benefits to someone who committed crimes such as the 
applicant’s while on active duty. 

 

The complete JAJM evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 18 Feb 11 for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 


3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

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 our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number 
BC-2010-04592 in Executive Session on 12 April 2011, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Dec 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 1 Feb 11. 

 Exhibit D. Letter, SAF/MRBR, dated 18 Feb 11. 

 

 

 

 

 

 Panel Chair