RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02872
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The young lady did not tell the truth about what happened. The
court case was dismissed. Had this case gone to a court, it
would have been resolved in his favor.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 Dec 85, the applicant contracted his initial enlistment in
the Regular Air Force.
On 28 Sep 88, the applicants commander notified him that he was
recommending his discharge from the Air Force for misconduct
(sexual deviation). The specific reason for the discharge action
was the applicant was arrested by civil authorities for criminal
sexual conduct with a minor.
His commander advised him of his rights in this matter and, after
consulting with legal counsel, the applicant submitted a
conditional waiver of his right to an administrative discharge
board contingent upon his receipt of at least a general (under
honorable conditions) discharge.
On 5 Oct 88, the legal office reviewed the case and found it
legally sufficient and recommended the discharge authority accept
the applicants conditional waiver, and that he be separated with
a general discharge.
The discharge authority concurred with the findings and
recommendations and directed the applicant be furnished a general
discharge without probation and rehabilitation.
The applicant was discharged on 13 Sep 88 and he was credited
with 6 years, 2 months, and 19 days of active service.
On 18 Oct 11, a request for post-service information was sent to
the applicant for review and comment within 30 days (Exhibit D).
In response, the applicant provides an expanded statement
indicating the allegations of misconduct against him were made
fraudulently, therefore resulting in the court dismissing the
case. He has not been accused or arrested since that time and
has made numerous positive contributions to his family,
community, and profession since leaving the service. In support
of his response, the applicant provides an expanded statement and
a copy of his resume.
The applicants complete response, with attachment, is at
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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-02872 in Executive Session on 22 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jul 11, w/atch.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, AFBCMR, dated 18 Oct 11, w/atch.
Exhibit D. Letter, Applicant, dated 24 Oct 11, w/atch.
Panel Chair
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