RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00785
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge (UOTHC) be upgraded to
a general (under honorable conditions) discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was falsely accused of assault while stationed in Japan which resulted
in an injustice.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 18 Dec 81, the applicant enlisted in the Regular Air Force at the age of
19 in the grade of airman basic for a period of 4 years. After completing
basic military and technical training, he was assigned to duties as an air
passenger specialist. He was promoted to the grade of airman first class,
having assumed that grade effective and with a date of rank of 18 Jun 82.
He was demoted to the grade of airman, effective and with a date of rank of
28 Oct 82.
He received one Airman Performance Report for the period of 17 Dec 81 to 17
Dec 82 with an overall rating of five.
On 24 Mar 83, his commander recommended his discharge under the provisions
of AFR 39-10, paragraph 5-48 for misconduct based on conviction by civil
authorities. The specific reason was his conviction for injuries resulting
from rape. He also recommended the applicant be furnished a UOTHC
discharge.
The following is a record of disciplinary action under Article 15, UCMJ,
listing specific offenses:
1. He received an Article 15 on 18 Oct 82 for operating a vehicle
while drunk with Unfavorable Information File entry on 22 Oct 82.
2. He was placed on international hold for possession and use of
marijuana and hashish on 16 Oct 82.
3. He was placed on International Hold due to injuries resulting
from rape on 20 Nov 82, for which he was indicted. He was convicted in the
Tokyo District Court on 9 Mar 83 and sentenced to three years imprisonment
at forced labor with the execution of the sentence suspended for four
years.
On 30 Mar 83, the applicant's request for a conditional waiver was
disapproved. He was advised to consult legal counsel and submit an
unconditional waiver or request an administrative discharge board hearing.
He subsequently waived his right to a hearing before an administrative
discharge board and submitted statements in his own behalf. His discharge
was approved on 8 Apr 83. He was discharged on 14 Apr 83 for misconduct-
civilian conviction. He served 1 year, 1 month and 12 days on active duty
with 76 days of lost time.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, (Identification Record No.
913098W6) which is at Exhibit C.
In his undated letter, the applicant requested the Board upgrade his
discharge because it would benefit him greatly when seeking employment. He
states he volunteered to serve his country. He performed duties as squad
leader during basic training and guide arm (green rope) during technical
training school (Exhibit E).
On 31 Mar 08, a copy of the FBI report was forwarded to the applicant for
review and comment within 30 days.
________________________________________________________________
APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:
In his response dated 30 Apr 08, the applicant states his life has taken a
180 degree turn after living a life filled with abuse and alcohol. He has
a willful desire to be a good and working member of society. He
voluntarily sought help and participates in recovery programs. Although
his FBI report was lengthy, many of his charges were dismissed.
In further support of his request, he submitted a character reference
letter, several certificates of completion, and a pay check stub. His
complete response, with attachments, is at Exhibit F.
________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we find no
evidence of an error or injustice that occurred in the discharge
processing. Based on the available 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. We considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient to compel us
to recommend granting the relief sought on that basis. 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 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 this application in Executive
Session on 9 Jul 2008, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Anthony P. Reardon, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered under AFBCMR Docket
Number BC-2008-00785:
Exhibit A. DD Form 149, dated 19 Feb 08.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. FBI Investigtive Report.
Exhibit D. Letter, AFBCMR, dated 31 Mar 08.
Exhibit E. Letter, Applicant, not dated.
Exhibit F. Letter, Applicant, dated 30 Apr 08.
CHARLENE M. BRADLEY
Panel Chair
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