RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00670
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his discharge processing, under council's advice, a plea was struck
for a length of probation [sic]. This length of probation kicked in
military sanctions which effectively killed his military career. In the
interest of justice a general discharge would allow for participation in
several programs and allow benefits he is currently not entitled to.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 31 October 1984 in the grade
of airman basic.
On 22 December 1986, the applicant was notified by his commander of his
intent to recommend that he be discharged from the Air Force under the
provisions of AFR 39-10, paragraph 5-48, misconduct-civilian conviction.
The specific reason for this action was a civilian conviction for open or
gross lewdness. The applicant was charged with five counts by criminal
information. The first count being open or gross lewdness; the second
count - sexual assault with an allegation of fellatio; the third count -
sexual assault and allegations of sexual intercourse; the fourth count -
statutory sexual seduction, fellatio; and the fifth count - statutory
sexual seduction, sexual intercourse. The Eighth Judicial District Court
of the State of Nevada found the applicant guilty by reason of his plea of
guilty and sentenced him to serve a term of one year in the Clark County
Jail. The applicant's sentence was suspended and he was placed on
probation for an indeterminate period of time not to exceed three years.
The applicant was advised of his rights in this matter and acknowledged
receipt of the notification on that same date. After consulting with
counsel, the applicant elected a hearing before an administrative discharge
board and elected not to submit statements on his own behalf. The board
recommended discharge without probation and rehabilitation.
In a legal review of the case file, the staff judge advocate found the case
legally sufficient and recommended discharge. On 16 March 1987, the
discharge authority concurred with the recommendations and directed
discharge with a UOTHC discharge, without probation and rehabilitation.
The applicant was discharged on 25 March 1987. He served 6 years, 1 month
and 28 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C.
On 6 May 2008, the applicant was provided the opportunity to respond to the
Investigative Report and to provide documentation pertaining to his post-
service activities, within 30 days (Exhibit D). 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 an error or an injustice. After a thorough review of the
evidence of record and the applicant’s submission, we find no evidence of
an error or injustice that occurred in the discharge processing. Based on
the 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. Therefore, in the absence
of evidence to the contrary, we find no basis upon which to recommend
granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an 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-2008-
00670 in Executive Session on 16 July 2008, under the provisions of AFI 36-
2603:
Mr. Jay H. Jordan, Panel Chair
Mr. Steven A. Cantrell, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 February 2008.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, SAF/MRBC, dated 6 May 2008.
JAY H. JORDAN
Panel Chair
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