RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02843
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes, as his command did at the time of his discharge,
that his service was exemplary and honorable.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 24 Mar 99.
On 17 Mar 03, the applicants commander notified him that he was
recommending his discharge from the Air Force for an action
tantamount to a finding of guilty by civilian authorities. The
reasons for the action were as follows:
a. On 27 Feb 03, the applicant entered a Pre-trial
Diversion Agreement, wherein he acknowledged there was strong
evidence indicating that on 25 Jul 00, he used an interactive
computer service to transport obscene matter, specifically
images of child pornography. The prosecution of the offense was
deferred for 12 months and he agreed to a number of conditions,
which, if fulfilled, would result in the dismissal of charges at
the end of the 12-month deferral period.
b. On 13 Nov 02, the applicant was indicted on one count
of transportation of obscene matter, specifically images of
child pornography.
On 9 Apr 03, the applicant was furnished a UOTHC discharge with
a narrative reason for separation of Administrative Discharge.
He was credited with 4 years and 15 days of total active
service.
On 1 Mar 05, the Air Force Discharge Review Board (AFDRB)
reviewed the applicants request to upgrade his discharge, but
denied the request indicating the discharge was consistent with
the procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge
authority. Additionally, the applicant was provided full
administrative due process and there was no legal or equitable
basis to upgrade the discharge.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or an injustice. Based on the documentation on file in
the master personnel records, the discharge, to include the
service characterization, was appropriately administered and
within the discretion of the discharge authority. While the
applicants desire to serve his country is admirable; it does
not change the serious nature or basis (child pornography) for
which he was discharged and the applicant has not provided any
evidence of an error or injustice to warrant the requested
change to his character of service. The applicants separation
code of JKN should be corrected to reflect JKB and narrative
reason for separation should be corrected to reflect Misconduct
(Civil Conviction), instead of Administrative Discharge.
The applicants character of service should not change.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 18 Oct 13 for review and comment 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
We note the Air Force OPR has verified the applicants records
erroneously reflect a separation program designator (SPD) code
and narrative reason for separation of JKN and Misconduct
(Civil Conviction), respectively, and will correct his records
administratively. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting any relief
beyond that rendered administratively.
________________________________________________________________
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-2013-02843 in Executive Session on 18 Mar 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Apr 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPFD, dated 22 Aug 13.
Exhibit D. Letter, SAF/MRBR, dated 18 Oct 13.
Panel Chair
3
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