RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00741
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to Honorable.
His separation code be changed.
His reenlistment code be changed.
APPLICANT CONTENDS THAT:
His discharge was inequitable and based on one incident of
failure. Since discharge he has had no further incidents, been
a good citizen, worked steady for 25 years and had no record of
criminal activities.
He is a good person in a lot of pain that needs to be addressed.
Upgrading his character of discharge will give him peace of mind
and facilitate medical benefits through the Department of
Veterans Affairs. He implores the board to consider his plea.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 5 Mar
85.
On 31 May 85, the applicant received an Article 15, Nonjudicial
Punishment, for violating Article 92, disobeying a lawful
general regulation by drawing and aiming a weapon when its
authorized use did not appear imminent. He received a reduction
of grade to airman first class and forfeiture of $189 dollars a
month for one month.
On 3 February 1989, the applicant requested discharge in lieu of
trial by court-martial, indicating that after consulting with
legal counsel, he understood that if his request were approved,
he could be discharged under other than honorable conditions and
that it could deprive him of veterans benefits.
On 17 March 1989, the applicant was discharged in lieu of trial
by court-martial on charges of committing indecent acts with a
female under 16 years of age and taking indecent liberties with
a female under 16 years of age, based on an ongoing series of
illicit acts with his twelve-year-old step-daughter. He was
credited with 4 years and 12 days of active service.
A request for post-service information was forwarded to the
applicant on 28 Apr 14 for review and comment within 30 days.
As of this date, no response has been received by this office.
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 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. Based on
the available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
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, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service are sufficiently meritorious to overcome the misconduct
for which he was discharged. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
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-2014-00741 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin - Clemency.
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