DOCKET NUMBER: BC-2012-01195
RECORD OF PROCEEDINGS
COUNSEL: NONE
HEARING DESIRED: NO
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
He met a young lady at the Airman’s Club on base. She had a
fake dependent identification card. He did not know the
identification card was a fake. He was three years older than
she was. They were married in December 1991 and divorced in
March 1996. They have three children and eight grandchildren.
The applicant submits no supporting documentation.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 20 August
1984. On 31 December 1986, the applicant’s commander preferred
charges against him for violation of Article’s 109, 120 and 134,
Uniform Code of Military Justice. Specifically, the applicant
was charged with carnal knowledge, wrongfully damaging property
of another and making a false statement. The applicant
requested a discharge in lieu of court-martial; his commander
and the staff judge advocate concurred with the request. On
12 February 1987, the commander directed the applicant be
separated with an under other than honorable conditions
discharge. He was credited with 2 years, 6 months and 13 days
of active duty service.
On 27 February 1989 the Air Force Discharge Review Board denied
the applicant’s request to upgrade his discharge.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 28 August 2012, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office (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 during the discharge process. 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, or unduly harsh.
Additionally, due to the lack of evidence of a successful post-
service adjustment and in view of the information contained in
the FBI investigative report, we do not find it would be in the
interest of justice to upgrade his discharge on the basis of
clemency. 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-2012-01195 in Executive Session on 16 October 2012,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
2
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01195 was considered:
Exhibit A. DD Form 149, dated 28 Mar 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 28 Aug 12.
Panel Chair
3
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