RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00952

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions discharge be updated 
to either Honorable or General (Other Than Honorable 
Conditions).


APPLICANT CONTENDS THAT:

After serving over 18 years in the Air Force, he does not 
believe he was treated fairly.  Additionally, since his 
discharge he has not gotten into any trouble.

In support of his request, the applicant has provided an 
expanded statement and multiple letters of recommendation from 
family members.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 3 Jan 
73.

On 21 May 91, the applicant’s commander notified him of his 
intent to recommend discharge for the commission of a serious 
offense – sexual deviation pursuant to AFR 39-10, Separation 
Upon Expiration of Term of Service, for Convenience of 
Government, Minority, Dependency and Hardship, Chapter 5, 
Section H, paragraph 5.49a.

On 28 Jun 91, after consulting with legal counsel, the applicant 
waived his rights to a hearing before an administrative 
discharge board.  He also waived a lengthy service probation 
consideration by the Office of the Secretary of the Air Force. 
He acknowledged his understanding that if the separation 
authority approves the recommendation for discharge, he will 
receive an Under Other Than Honorable Conditions discharge.  On 
16 Jul 91, the Staff Judge Advocate reviewed the discharge 
package and found it legally and factually supporting the 
discharge action and the discharge authority approved the 
commander’s recommendation the same day.  He also approved the 
applicant’s unconditional waiver to a hearing before an 
administrative discharge board and disapproved probation and 
rehabilitation as not in the best interests of the Air Force.

On 22 Jul 91, the applicant was furnished an Under Other Than 
Honorable Conditions discharge, and was credited with 18 years, 
6 months, and 20 days of active service.   

A request for post-service information was forwarded to the 
applicant on 28 Apr 14 for review and comment within 30 days.  
As of this date, no response has been received by this office.


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 an error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we find no evidence of an error or 
injustice that occurred in the discharge processing.  Based on 
the available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority.  
The applicant has provided no evidence which would lead us to 
believe the characterization of the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service are sufficiently meritorious to overcome the misconduct 
for which he was discharged. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought. 





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 this 
application.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-00952 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin – Clemency.