RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00016
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_______________________________________________________________
APPLICANT CONTENDS THAT:
The discharge was a result of a personal encounter with a
higher-ranking officer, not his inability to serve his country
in an honorable way.
The Board should consider it in the interest of justice to
consider his application. He is 40 years old and has a family.
He wants to instill in his children the importance of doing what
is right.
As an impressionable 18 year old, he joined the Air Force upon
graduation from high school. By not using his better judgment,
he made a mistake in which he holds himself responsible. In
accepting the general discharge, he was not aware that it would
limit his ability to serve in state services.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 24 Jun 91, the applicant entered active duty.
According to AF Form 386, Record of Proceedings of Vacation of
Suspended Nonjudicial Punishment, dated 27 May 92, the applicant
was reduced to the grade of Airman Basic (AB, E-1) for
wrongfully having sexual intercourse with a married woman, not
his wife.
According to AF Form 3070, Record of Nonjudicial Punishment
Proceedings, he received an Article 15 on 5 Jun 92 for failure
to go to his appointed place of duty.
On 22 Jun 92, he was discharged with service characterized as
general (under honorable conditions) with a narrative reason for
separation of Misconduct-Pattern Conduct Prejudicial to Good
Order and Discipline.
He served 11 months and 28 days on active duty.
Pursuant to the Boards request, on 12 Mar 14, the Air Force
Office of Special Investigation (OSI) confirmed a criminal
history investigation does exist.
On 28 Apr 14, SAF/MRBR provided the applicant an opportunity to
provide information pertaining to his activities since leaving
the service (Exhibit C). As of this date, this office has not
received a response.
________________________________________________________________
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.
________________________________________________________________
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-
2014-00016 in Executive Session 9 Oct 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 Dec 13.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Post Service Information Bulletin
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