DOCKET NUMBER: BC-2012-00330
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be changed from general, under honorable
conditions (UHC) to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not know at the time that his actions would constitute a
crime.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant began his service on 29 May 79. On 9 Aug 83, his
commander recommended he be discharged in lieu of trial by court-
martial. The reasons for the discharge action are as follows:
Along with numerous letters of counseling and reprimand (LOC/LOR),
during the summer of 1983, court-martial charges were preferred
against the applicant for conspiracy to effect the fraudulent
separation of his wife from the Air Force and for attempting to
actually effect the fraudulent separation of his wife.
On 26 Jul 83, the applicant requested a discharge in lieu of trial
by court-martial. On 10 Aug 83, his request was approved by his
commander who sent the request to the discharge authority along
with the recommendation the applicant’s service be characterized
as Under Other Than Honorable Conditions (UOTHC).
The discharge authority agreed and on 26 Aug 83, the applicant was
furnished a UOTHC discharge in lieu of trial by court-martial
after serving for 4 years, 2 months, and 28 days.
On 7 Aug 84, the applicant applied to the Air Force Discharge
Review Board (DRB) to have his UOTHC discharge upgraded to
honorable. On 26 Sep 85, the DRB ordered the applicant’s
character of service be changed to general, UHC.
Pursuant to the Board’s request, the Federal Bureau Investigation
(FBI) provided a copy of an Investigation Report, which is at
1
Exhibit C. On 14 Jun 12, a copy of the FBI report and a request
for post-service information was forwarded to the applicant for
review and comment within 30 days (Exhibit D). In response, the
applicant provided a letter of reference (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 an error or injustice. While the
applicant asserts he did not know at the time that the actions
which led to his discharge were a crime, he has not provided
evidence that corroborates his claim. In addition, in considering
whether the relief he seeks should be granted, we note the AFDRB
subsequently upgraded the characterization of his service from
Under Other Than Honorable Conditions (UOTHC) to general (under
honorable conditions). In our view, the prior action of the AFDRB
provided the applicant what we would consider full and fitting
relief and we find no error in the actions taken to effect his
discharge and also do not find that it would be in the interest of
justice to provide a further upgrade of his character of service
on the basis of clemency. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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-2012-00330 in Executive Session on 26 Jun 12, under the
provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00330 was considered:
Panel Chair
Member
Member
2
Exhibit A. DD Form 149, dated 1 Oct 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 14 Jun 12, w/atch.
Panel Chair
3
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