RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04592
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded from dismissal to a general (under
under honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He accepts responsibility for his actions; however, his
discharge reason is preventing him from obtaining gainful
employment.
He believes an upgrade of his discharge will enable him to
successfully obtain employment with a major airline and finally
give him stability and a significant increase in compensation.
He is not the same person and is happily married with two
children, and desires to provide for his family.
In support of the request, the applicant provides personal
statements, statements from his wife, who is the former female
enlisted member with whom the applicant was found guilty of
fraternization, an e-mail, character letters, and a declaration.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 Feb 97, the applicant entered the Regular Air Force and
was progressively promoted to the grade of captain.
Available records reflect that between 24 Mar 05 and 6 Feb 06,
the applicant knowingly fraternized with a female enlisted
member.
In August 2005, the applicants wife reported his affair to his
commander. The commander issued the applicant a lawful order
not to have contact with the enlisted person.
From 19 Aug to 6 Dec 05, the applicant violated the commanders
order by e-mailing, telephoning, and having physical contact
with the enlisted member.
On 7 Dec 05, the commander issued another no contact order;
however, the applicant violated the order by e-mailing,
telephoning, and having physical contact with the enlisted
member.
On 18 May 06, the applicant was tried by a general court-
martial. He pled guilty to two specifications of failing to
obey no-contact orders and one specification of knowingly
fraternizing with an enlisted person. His punishment consisted
of a dismissal, 30 days confinement, and a reprimand.
On 26 Apr 07, the Air Force Court of Criminal Appeals affirmed
the findings and the sentence as adjudged. On 5 Sep 07, the
United States Court of Appeals for the Armed Forces denied the
applicants appeal, making the findings and sentence in his
case final and conclusive. The applicant was dismissed from the
Air Force on 15 Dec 07.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the application does
not include sufficient justification for clemency. Clemency in
this case would be unfair to those individuals who honorably
served their country while in uniform. Further, it would be
offensive to all those who served honorably to extend the same
veterans benefits to someone who committed crimes such as the
applicants while on active duty.
The complete JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 18 Feb 11 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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 Docket Number
BC-2010-04592 in Executive Session on 12 April 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Dec 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 1 Feb 11.
Exhibit D. Letter, SAF/MRBR, dated 18 Feb 11.
Panel Chair
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