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 applicants 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 misconductcivilian
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
applicants post-service activities, there is no way for us to
determine if the applicants 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 applicants 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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