RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03022
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 2 APRIL 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
a general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His military service was exemplary as evidenced by his receiving an
Achievement Medal and Commendation Medal. The only thing he did wrong was
to try to keep his family together. His wife was active duty and was
having an affair with her OIC. He thought the Air Force frowned on
fraternization, but he was the only one punished.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 11
Jul 78. He served on continuous active duty and entered his last
enlistment on 21 Jun 87.
On 22 Mar 89, applicant’s commander preferred court-martial charges against
him for one (1) count of assault. Specifically, applicant assaulted his
wife. On 22 Mar 89, after consulting with legal counsel, applicant
submitted a voluntary request for discharge in lieu of trial by court-
martial. He understood that if his request was approved he may be
discharged with an under other than honorable conditions (UOTHC) discharge.
Headquarters Third Air Force legal office and the base legal office
reviewed the case and found it legally sufficient to support separation and
recommended applicant’s request for discharge in lieu of court-martial be
approved and that he receive an under other than honorable conditions
(UOTHC) discharge.
On 13 Apr 89, the discharge authority approved applicant’s request for
discharge and directed that he be discharged with an under other than
honorable conditions (UOTHC) discharge.
Applicant was discharged on 1 May 89, in the grade of staff sergeant (E-5),
under the provisions of AFR 39-10, Request for Discharge in Lieu of Trial
By Court-Martial, and received an under other than honorable conditions
(UOTHC) discharge. He served on active duty for 10 years, 9 months, and 21
days.
Pursuant to the request of the Board on 29 Nov 06, the Federal Bureau of
Investigation, Clarksburg, WV, indicated on 30 Nov 06, that, on the basis
of data furnished, they are unable to locate an arrest record (Exhibit C).
_______________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends the application be denied, and states, in part,
based on the documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive requirements
of the discharge regulation. The discharge was within the discretion of
the discharge authority.
The applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing. Additionally, the
applicant provided no facts warranting a change to his under other than
honorable conditions (UOTHC) discharge.
The DPPRS evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 Dec 06, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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. After careful consideration of the
available evidence, the discharge appears to be in compliance with the
governing regulations in effect at the time and we find no evidence to
indicate that the applicant’s separation from the Air Force was
inappropriate. We find no evidence of error in this case and after
thoroughly reviewing the documentation that has been submitted in support
of applicant’s appeal, we do not believe he has suffered from an injustice.
Therefore, based on the available evidence of record, we find no basis
upon which to favorably consider this application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of 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 BC-2006-
03022 in Executive Session on 9 January 2007, under the provisions of AFI
36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence pertaining to Docket Number BC-2006-
03022 was considered:
Exhibit A. DD Form 149, dated 26 Sep 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 6 Nov 06.
Exhibit E. Letter, SAF/MRBR, dated 1 Dec 06.
KATHLEEN F. GRAHAM
Panel Chair
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