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AF | BCMR | CY2010 | BC-2010-04047
Original file (BC-2010-04047.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04047 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Under Other than Honorable Conditions (UOTHC) discharge be 
upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was a victim of being harassed sexually, emotionally, 
mentally, and physically. 

 

In support of his appeal, the applicant provides a personal 
statement; and, copies of a DD Form 293, Application for the 
Review of Discharge from the Armed Forces of the United States; 
his DD Form 214, Certificate of Release or Discharge from Active 
Duty; a resume; and a personal background paper. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 8 June 1987 and was promoted to the grade 
of sergeant (E-4) effective 22 November 1989. 

 

On 11 March 1994, the applicant was informed that his commander 
preferred charges against him for seven specifications of 
indecent acts and indecent language in violation of Article 134, 
Uniform Code of Military Justice; and, that his case was being 
referred for hearing by a general court-martial. 

 

On 6 April 1994, the applicant was notified that his Enlisted 
Performance Report rendered for the period 17 December 1992 
through 12 February 1994 was being referred based on the fact 
that a Social Actions Equal Opportunity and Treatment (EOT) 
investigation concluded that he sexually harassed a coworker. 

 

On 19 May 1994, the applicant requested discharge in lieu of 
trial by court-martial indicating that he understood that if his 
request was approved, he may be discharged with a UOTHC 
discharge. 


 

On 1 July 1994, his commander recommended the applicant’s request 
be approved. Following review and concurrence by the Staff Judge 
Advocate, the discharge authority approved the applicant’s 
request for discharge in lieu of court-martial submitted under 
the provisions of Air Force Regulation 39-10, Chapter 4, 
Paragraph 4-1b, and directed he be separated with a UOTHC 
discharge without probation and rehabilitation. 

 

On 10 June 1994, the applicant was discharged from active duty 
with a UOTHC discharge. He served seven years and three days on 
active duty. 

 

Pursuant to the Board’s request, the FBI indicated that on the 
basis of the data furnished, they were unable to locate an arrest 
record pertaining to the applicant. 

 

On 5 January 2011, the applicant was given an opportunity to 
submit comments about his post service activities (Exhibit C). 
In response, the applicant provided a brief autobiography and two 
character references. 

 

A complete copy of the applicant’s response is at Exhibit D. 

 

_________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2010-04047 in Executive Session on 19 July 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-04047 was considered: 

 

Exhibit A. DD Form 149, dated 25 Oct 10, w/atch. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFBCMR, dated 5 Jan 11, w/atch. 

Exhibit D. Letter, Applicant, not dated, w/atchs. 

 

 

 

 

 

 Panel Chair 



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