RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER:BC-2010-00529
COUNSEL: NONE
HEARING DESIRED: NO
____________________________________________________________
_____
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge
be upgraded to general.
____________________________________________________________
____
APPLICANT CONTENDS THAT:
He was an honorable active duty Air Force enlisted man for
12 years. He was not discharged for misconduct due to
military service. He was discharged due to felony
conviction in civilian court. He has been incarcerated
since March 1991 and is scheduled for release due to
completion of a 20 year sentence.
The applicants complete submission is at Exhibit A.
____________________________________________________________
_____
STATEMENT OF FACTS:
On 27 Dec 77, the applicant contracted his initial
enlistment in the Regular Air Force. He was progressively
promoted to the grade of staff sergeant having assumed the
grade effective and with a date of rank of 1 Oct 83.
On 21 Feb 89, the applicants commander notified him that he
was recommending his discharge from the Air Force for a
serious offense. The specific reason for the discharge
action was he was convicted in civil court of a second
degree felony kidnapping charge. He was sentenced to 50
days in jail, $20,000.00 fine and 5 years probation.
His commander advised him of his rights in this matter.
On 17 Mar 89, he acknowledged receipt of the notification
and after consulting with legal counsel, waived his rights
associated with an administrative discharge board.
On 24 Mar 89, the legal office reviewed the unconditional
waiver and recommended acceptance of the unconditional
waiver and discharge with a UOTHC discharge without
probation and rehabilitation.
The discharge authority directed a UOTHC discharge.
He was discharged on 5 Apr 89. He served 11 years, 1 month
and 17 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative
Report, which is at Exhibit C.
On 17 Jun 10, a copy of the Investigative Report was
forwarded to the applicant along with a request for post-
service documentation for review and response within 30 days
(Exhibit D).
In response for post-service documentation, the applicant
requested clemency and provides three personal statements,
college transcripts, and a diploma and a certificate
(Exhibit E).
____________________________________________________________
_____
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 in this
application.
____________________________________________________________
__
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 AFBCMR Docket
Number BC-2010-00529 in Executive Session on 12 Aug 10,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Feb 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 17 Jun 10, w/atch.
Exhibit E. Letter, Applicant, dated 30 Jun 10, w/atchs.
Panel Chair
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