RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00004

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

Sufficient time has elapsed since his discharge to warrant a discharge upgrade. 

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

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STATEMENT OF FACTS:

The applicant served as a Staff Sergeant in the Regular Air Force during the period of time in question. 

On 29 Jan 87, the applicant was convicted in the United States District Court of Wyoming of second degree murder, and of aiding and abetting in the commission of second degree murder, in the death of his stepdaughter.  He was sentenced to 80 years in prison, with eligibility for parole after 25 years.  

On 8 Jun 87, the discharge authority requested permission to execute the applicant’s discharge from the Air Force with the characterization of service of UOTHC while the applicant’s appeal of his murder conviction was still pending.  

On 21 Dec 87, the Deputy Assistant Secretary for Manpower, Resources, and Military Personnel, on behalf of the Secretary of the Air Force, directed the discharge be executed immediately. 

On 30 Dec 87, the applicant was furnished a UOTHC discharge and a narrative reason or separation of “misconduct—civilian conviction.”  

On 26 Sep 13, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  In response, the applicant provides copies of excerpts from his military personnel records as well as records related to his incarceration (Exhibit E).

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THE BOARD CONCLUDES THAT:

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

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 

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 do not find the documentation presented sufficient to conclude the applicant has been the victim of an error or injustice.  We find no evidence or an error or injustice that occurred in the discharge process.  It appears the applicant’s UOTHC discharge was consistent with the substantive requirements of the discharge regulation in effect at the time and within the commander’s discretionary authority.  No evidence has been presented to indicate otherwise.  In the interest of justice, we considered upgrading his discharge on the basis of clemency; however, we do not find the evidence presented by the applicant is sufficient to conclude his post-service accomplishments were sufficient to overcome the misconduct that formed the basis of the discharge.  Therefore, in the absence of evidence to the contrary, we conclude that no basis exists for us to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

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

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The following members of the Board considered AFBCMR Docket Number BC-2013-00004 in Executive Session on 31 Oct 13, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 31 Dec 12, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFBCMR, dated 26 Sep 13, w/atch.
	Exhibit D.  Letter, Applicant, undated, w/atchs.  




			 
                                   Panel Chair