RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02592
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
He requests the Board consider changing the characterization of
his service. He feels that he has improved himself after 20
years.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 December
1986. On 26 September 1988, his commander preferred charges
against him alleging theft of personal property, in violation of
Article 121 of the Uniform Code of Military Justice (UCMJ).
On 26 September 1988, the applicant, under advisement of
counsel, requested that he be discharged from the Air Force in
lieu of trial by court-martial. The request was approved on
2 November 1988. The applicant was discharged on 6 December
1988 and his service was characterized as under other than
honorable conditions.
On 24 October 1991, the Air Force Discharge Review Board denied
the applicants request to upgrade his discharge.
In response to a request for post-service information, the
applicant submits that he and his first wife moved to Ohio after
being discharged from the Air Force. His wife was homesick,
packed up his son and moved back to Alaska. He never saw them
again; however, he paid child support.
He met his second wife and her son and married her 10 years
later. Although her son was not biologically his, he enjoyed
having him in his life and considered him his son.
Concerning his Federal Bureau of Investigations report, he
states that he and his step-son struggled to communicate during
his sons teen years and regretfully, he became physical, in
self-defense. He and his son received counseling and learned
how to communicate with each other. As a result, this helped
their communication and their relationship grew. He now has a
great relationship with his step-son and his wife and enjoys the
relationship he has with his grandchildren.
Another incident occurred in 2009 when someone wrote him a check
and placed a stop payment causing his bank account to go
negative. This incident was dismissed in court.
He is now disabled due to several incidents and it has affected
his employment. It has been several years since his discharge
and requests his discharge be upgraded.
The applicants complete response, with attachments, is at
Exhibit D.
________________________________________________________________
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 during the discharge process. 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, or unduly harsh. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, we do not find the evidence presented is
sufficient for us to conclude that the applicants post-service
activities overcome the misconduct for which he was discharged.
Therefore, in view of the above and in the absence of evidence
to the contrary, we find no basis upon which 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
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 AFBCMR Docket
Number BC-2014-02592 in Executive Session on 5 February 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Record Excerpts.
Exhibit C. Letter, SAF/MRBR, dated 21 Jul 14.
Exhibit D. Letter, Applicants Response, undated, w/atchs.
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