RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-04452
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed by the Military Personnel section he would be eligible for
an upgrade in his discharge. His discharge was not the result of a court-
martial and he has had no felony convictions since. He completed his
General Education Development (GED) while in military confinement.
In support of this application, the applicant submits copies of his GED,
his Certificate of Completion for Automotive Body Repair, a promotion
selection letter and certificate of training.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 May 91, the applicant enlisted in the Regular Air Force.
On or about 15 Dec 91, he murdered his 11-month old daughter by striking
her several times. He was arrested and confined by the County Sheriff’s
detectives. On 24 Feb 94, he pled guilty and was subsequently convicted of
first degree murder. He waived his right to present his case to an
administrative discharge board. Based on the seriousness of the case, a
UOTHC was recommended. The Staff Judge Advocate found the case file
legally sufficient and recommended the applicant’s discharge without
probation or rehabilitation.
He was confined from 15 Dec 91 and discharged on 13 May 94 while still in
confinement. He was released from prison on 31 Aug 01.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report; however, the charges listed are
the same charges for which the applicant was discharged from service.
_________________________________________________________________
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. 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 7 Oct 10, under the provisions of AFI 36-2603:
Ms. Debra M. Czajkowski, Panel Chair
Mr. Jay A. Aragon, Member
Ms. Cheri L. Cannon, Member
The following documentary evidence was considered in AFBCMR BC-2009-04452:
Exhibit A. DD Form 149, dated 16 Nov 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
DEBRA M. CZAJKOWSKI
Panel Chair
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