RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00952
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions discharge be updated
to either Honorable or General (Other Than Honorable
Conditions).
APPLICANT CONTENDS THAT:
After serving over 18 years in the Air Force, he does not
believe he was treated fairly. Additionally, since his
discharge he has not gotten into any trouble.
In support of his request, the applicant has provided an
expanded statement and multiple letters of recommendation from
family members.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 3 Jan
73.
On 21 May 91, the applicants commander notified him of his
intent to recommend discharge for the commission of a serious
offense sexual deviation pursuant to AFR 39-10, Separation
Upon Expiration of Term of Service, for Convenience of
Government, Minority, Dependency and Hardship, Chapter 5,
Section H, paragraph 5.49a.
On 28 Jun 91, after consulting with legal counsel, the applicant
waived his rights to a hearing before an administrative
discharge board. He also waived a lengthy service probation
consideration by the Office of the Secretary of the Air Force.
He acknowledged his understanding that if the separation
authority approves the recommendation for discharge, he will
receive an Under Other Than Honorable Conditions discharge. On
16 Jul 91, the Staff Judge Advocate reviewed the discharge
package and found it legally and factually supporting the
discharge action and the discharge authority approved the
commanders recommendation the same day. He also approved the
applicants unconditional waiver to a hearing before an
administrative discharge board and disapproved probation and
rehabilitation as not in the best interests of the Air Force.
On 22 Jul 91, the applicant was furnished an Under Other Than
Honorable Conditions discharge, and was credited with 18 years,
6 months, and 20 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-2014-00952 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 28 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin Clemency.
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