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AF | BCMR | CY2014 | BC 2014 01012
Original file (BC 2014 01012.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01012

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded.


APPLICANT CONTENDS THAT:

He acknowledges his mistakes and seeks to restore his 
reputation.  His felony conviction from 1992, for which he was 
discharged, is the only trouble he has ever been in.  He used 
his time in prison to learn refrigeration repair, a skill he 
uses for employment to this day.  Since his release from 
incarceration, has lived by military values and has recently 
graduated from college with a degree in communication.  In 
support of his request, he submits character reference letters 
from previous employers, supervisors and co-workers.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 23 Oct 84, the applicant initially entered the Regular Air 
Force.

On 23 Oct 92, the applicant was furnished an under other than 
honorable conditions (UOTHC) discharge for misconduct—civilian 
conviction, and was credited with 7 years, 4 months, and 23 days 
of active service.

On 28 Jul 14, a request for post-service information was 
forwarded to the applicant for review and response within 
30 days.  As of this date no response has been received by this 
office (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 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 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service warrant such action.  Therefore, in the absence of 
evidence to the contrary, we find no basis 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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-01012 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member
The following documentary evidence was considered regarding 
AFBCMR docket number BC-2014-01012:

	Exhibit A.  DD Form 149, dated 6 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 1 May 14.




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