RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03673
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his time in service, his ratings and proficiency were very
high. He was an honor graduate at technical school and completed his
seven-level occupational training as an airman first class in which he
received an award for outstanding achievement. He also participated
in several exercises and was awarded letters of appreciation. He was
promoted immediately upon eligibility and even oversaw training of
higher-ranking enlisted men who had transferred to our occupation. He
always carried out his duties in a very professional manner.
His discharge was a result of severe marital problems. Due to his
young age and lack of maturity, he was unable to deal with the
situation. In addition, he was lacking the support of friends and
family since he was so far from home.
Since his discharge, he has accomplished many things. Educationally,
he has received his AAS in Heating and Air Conditioning, a Bachelor of
Science in Workforce Education and Development and attended many
seminars covering a variety of subjects.
In support of his request, he submits a copy of DD Form 214, copies of
reference letters supporting post-service activities, and academic
certificates.
Applicant’s complete application, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
30 March 1984. The applicant was involuntarily discharged under the
provision of AFR 39-12 (misconduct-other serious offenses) with
service characterized as under other than honorable conditions (UOTHC)
on 9 April 1986 in the grade of airman first class. He served two
years, and seven days of active service.
On 25 February 1986, applicant's commander recommended discharge due
to a commission of a serious offense. On 20 December 1985, he
battered his wife and was subsequently charged with assault. The
member received an Article 15 with a suspended reduction to airman and
30 days correctional custody. On 10 February 1986, he assaulted
his wife by stabbing her in the chest, back and head with a kitchen
knife, intending to commit grievous bodily harm or murder. On 19
February 1986, the suspended reduction was vacated.
On 5 March 1986, after consulting with military legal counsel, the
applicant submitted a conditional waiver for a general discharge that
was rejected. On 14 March 1986, he submitted an unconditional waiver
that was approved on 4 April 1986.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. Based on the documentation in the
file, DPPRS believes the discharge was consistent with the procedural
and substantive requirements of the discharge regulation.
Additionally, the discharge was within the discretion of the discharge
authority. While the applicant did submit several character
references, he did not submit any new evidence or identify any errors
or injustices that occurred in the discharge proceedings. The
applicant provided no facts warranting an upgrade of the discharge.
AFPC/DPPRSP complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 December 2003, 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. After a thorough review of
the evidence of record and applicant’s submission, we are not
persuaded that his discharge should be upgraded. Applicant’s
contentions and supporting documentation were duly noted; however, we
do not find these assertions, in and by themselves, sufficiently
persuasive to override the evidence of record. We agree with the
opinions and recommendations of the Air Force and adopt their
rationale as the basis for our decision that the applicant has failed
to sustain his burden of having suffered either an error or an
injustice. Therefore, in absence of evidence to the contrary, we
find no basis to recommend granting the relief sought. While the
evidence provided indicates that the applicant has made a successful
post-service adjustment, and notwithstanding his otherwise good
service record, in view of the extreme seriousness of the offense he
committed (assaulting his wife by stabbing her in the chest, back and
head with a kitchen knife, intending to commit grievous bodily harm or
murder) we do not believe that clemency is warranted at the present
time.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 BC2003-
03673 in Executive Session on 20 January 2004, under the provisions of
AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Jean A. Reynolds, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRSP, dated 2 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
ROBERT S. BOYD
Panel Chair
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