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AF | BCMR | CY2013 | BC 2013 04742
Original file (BC 2013 04742.txt) Auto-classification: Denied
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 applicant’s 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 Board’s 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 applicant’s 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 applicant’s 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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