RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02422
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded
to honorable or as an alternative it be upgraded to general
(under honorable conditions).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was wrongfully accused of gun violence. His chain of command
did not objectively look at his case, but rather focused on
forcing him out of the service to avoid negative media
attention. Although he was successful in getting his request
for discharge approved in lieu of court-martial, he insists he
is innocent of the allegation made against him, which was
defense of others. Once he was discharged he continued with
his life and did not look back; however, now he has children and
would like to be able to tell them that he served our country
honorably. His discharge classification is also an impediment
to employment with the Veterans Affairs (VA) and the Federal
Aviation Administration.
In support of his request, the applicant provides a letter of
support from the Dishman Military Advocates, excerpts from his
military records, and excerpts from the Oklahoma Police
Department.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant received an under other than honorable conditions
discharge on 28 Jan 84. The applicants commander notified him
that he was recommending him for discharge for being charged
with assaulting two civilians with a dangerous weapon. After a
legal review, the Staff Judge Advocate found his case legally
sufficient and the applicant was discharged after serving
11 years, 8 months, and 25 days on active duty.
________________________________________________________________
_
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 his service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. In the interest of
justice, we considered upgrading the discharge based on
clemency; however, there was insufficient evidence submitted 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-2013-02422 in Executive Session on 28 Jan 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for AFBCMR Docket Number BC-
2013-02422 was considered:
Exhibit A. DD Form 149, dated 10 may 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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