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AF | BCMR | CY2004 | BC-2003-03673
Original file (BC-2003-03673.doc) Auto-classification: Denied


                       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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