ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00241
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his
reenlistment eligibility (RE) code be changed from 2B to 3A so that he may
pursue a career in the U. S. Army.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 11
Jan 90. On 27 May 95, the applicant was alleged to have engaged in sexual
conduct with a female and purposely compelled the victim to submit by force
or threat of force. On 26 September 1995, the applicant pleaded guilty to
Gross Sexual Imposition in the county court, Summit County, Ohio. He
received a suspended 18 months sentence in the Ohio Department of
Rehabilitation and Corrections and placed on three years probation.
On 13 Jun 96 his commander notified him that he was being discharged for
misconduct-civilian conviction. On 13 Sep 96 he was discharged with
service characterized as under other than honorable conditions (UOTHC) in
the grade of senior airman. He served 6 years, 11 months and 16 days of
active service. He received an RE of "2B."
20 August 2002, the applicant’s request was considered and denied by the
Board, see the Record of Proceedings at Exhibit F.
On 16 September 2002,the applicant provided additional evidence and
requested reconsideration of his application. In support of his request he
provided, his college transcripts, certificates of training, and his
Bachelor’s Degree certificate. The applicant’s complete submission is at
Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice that would warrant an upgrade of his RE
code. After a thorough review of the record, we see no evidence of an
error in this case and remain unpersuaded that he has been the victim of an
injustice. At the time he was discharged from the Air Force, he was
furnished an RE code predicated upon the quality of his service and the
circumstances of his discharge. We are not persuaded by the evidence
provided in support of his appeal that the corresponding RE code was
improper or unjust; or, that an upgrade of the RE code is warranted. In
view of the foregoing, we find no basis favorably consider this request.
2. Regarding his request that his discharge be upgraded to honorable, it is
our opinion that the characterization of his service as under other than
honorable (UOTHC) was excessively harsh. In view of the evidence provided,
we believe that he has been a productive member of society since his
discharge and that it would be an injustice for him to continue to suffer
the adverse effects of an UOTHC discharge. Therefore on the basis of
clemency, we believe an upgrade of his discharge to general (under
honorable conditions) is warranted. His request for upgrade to honorable
was considered; however, based on his overall record, we do not believe
that a fully honorable discharge is warranted. Accordingly we recommend
his records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 13 September 1996, he was
discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered Docket Number 02-00241 in
Executive Session on 2 April 2003, under the provisions of AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Mr. Michael K. Gallogly, Member
Mr. John B. Hennessey, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 4 Sep 02,
with Exhibits.
Exhibit G. Applicant’s Letter, dated 16 Sep 02, with
attachments.
OLGA M. CRERAR
Panel Chair
AFBCMR 02-00241
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 13 September
1996, he was discharged with service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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