RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04742
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was told that he could ask for an upgrade of his discharge
after 6 months.
He was a victim of an attempted rape and was molested while
assigned at Griffiss AFB, NY. He did not receive any help or
counseling. After the trial he was transferred to another unit
and worked in the base post office. He had to deliver mail
daily to his previous orderly room and see the man who attempted
to rape and molest him. He was left to fend for himself and all
he wanted was to get out of the Air Force no matter how.
The Board should find it in the interest of justice to consider
the application as he is seeking employment with the US Postal
Service and would like his discharge upgraded.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 25 Oct 88, the applicant entered active duty.
On 26 Dec 91, he was discharged with service characterized as
general (under honorable conditions) with a narrative reason for
separation of Misconduct - Pattern of Minor Disciplinary
Infractions.
He served 3 years, 2 months and 2 days on active duty.
Pursuant to the Boards request, on 27 Jan 14, the Air Force
Office of Special Investigation (OSI) confirmed a criminal
history investigation does exist.
Per the National Archives Records Administration (NARA), his
records were checked out to the Department of Veterans Affairs
(DVA) on 22 Oct 13 and are unavailable.
In a response to a request for post-service information, the
applicant provides an e-mail dated 24 Jul 14 which states he was
sexually assaulted while in the Air Force. After reporting the
assault he was treated differently and not provided any help.
He felt lost and wanted out of the Air Force. He started
getting into trouble in his new squadron and received an Article
15 for throwing away bulk mail. He had a choice of getting out
of the Air Force or reenlisting to take orders to Korea. He was
told if he took the discharge he could collect unemployment and
request his discharge be upgraded after 6 months.
Over the next 20 years, he turned to drinking and abusing drugs
to deal with the sexual assault and feelings of abandonment by
his superiors. He finally sought help and was diagnosed with
Post Traumatic Stress Disorder (PTSD) and now receives
100 percent disability compensation from the DVA.
He was hired for a postal position but was denied employment
after the US Postal Service learned he did not disclose the
Article 15 and the trouble he had gotten into while in the Air
Force.
He does not know if his mind and spirit will ever be as it once
was before the trauma but he is trying to put the pieces of his
life back together and getting his discharge upgraded would be a
major step.
In support of his request, the applicant provides a copy of the
DVA rating decision.
The applicants complete response, with attachment, is at
Exhibit C.
________________________________________________________________
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. 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, unduly harsh, or disproportionate
to the offenses committed. In the interest of justice, we
considered upgrading the discharge based on clemency; however,
there was no 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
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 Docket Number BC-
2013-04742 in Executive Session 7 Aug 14, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Oct 13, w/atch.
Exhibit B. Letter, AFBCMR, dated 11 Jul 14, w/atch.
Exhibit C. E-mail, Applicant, dated 24 Jul 14, w/atch.
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