RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02432
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His discharge should be upgraded to honorable.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 26 Nov 80.
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFR 39-10, Paragraph 5-35 (Homosexuality). The
specific reason for this action was for committing homosexual
acts with persons under the age of 16 years; under conditions of
force and coercion. The applicant confessed to having sexual
incidents with young boys.
A memorandum from the 17 AF/JAV (Deputy Staff Judge Advocate),
dated 2 Apr 85, stated that all of the applicants acts were
serious.
The applicant received an UOTHC discharge after serving over 15
years on active duty.
On 20 Sep 11, the law commonly known as Dont Ask, Dont Tell
(DADT), 10 USC 654, was repealed. The Department of Defense
subsequently issued guidance indicating that Service Discharge
Review Boards (DRB) should normally grant requests to change the
narrative reason for a discharge, requests to re-characterize
the discharge to honorable, and/or requests to change the
reentry code when both of the following conditions were met:
(1) the original discharge was based solely on DADT or a similar
policy in place prior to enactment of DADT, and (2) there were
no aggravating factors in the record, such as misconduct.
________________________________________________________________
_
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 find no evidence of an error or injustice
that occurred in the discharge processing. In this respect, we
note that while the repeal of DADT provides a basis for
correcting the record of certain affected service members,
specific criteria must generally be met: (1) the original
discharge must have been based solely on DADT or a similar
policy in place prior to enactment of DADT and (2) there must be
no aggravating factors in the record, such as misconduct. The
circumstances of the applicants discharge do not meet these
criteria. The applicant was furnished a under other than
honorable conditions discharge due to substantiated misconduct
on his part. Based on the evidence of record, we cannot
conclude that clemency is warranted in this case. Therefore, we
find no basis upon which to favorably consider this application.
________________________________________________________________
_
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-2013-02432 in Executive Session on 6 Feb 14, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence for was considered:
Exhibit A. DD Form 149, dated 8 May 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Chair
5
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