RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03299
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to honorable.
APPLICANT CONTENDS THAT:
In Jun 1988, he was wrongfully convicted of multiple felonies
whereby Air Force trial monitors failed to adequately
investigate claims of racial conflict and alert his chain of
command of a possible miscarriage of justice because selected
jurors knew the alleged victim, her family and the investigators
and there was a lack of physical evidence supporting multiple
charges of sexual assault contributing to his discharge.
The Board should find it in the interest of justice to consider
his untimely application because ongoing developments aptly
demonstrate he was wrongfully convicted. He has received the
equivalent of a national pardon from the Canadian Government.
He has family member support in his endeavor to obtain a pardon
from the State of Florida. A previously undiscovered 1987 Ft
Walton Beach incident report, unavailable during his Discharge
Review Board Hearing, surfaced supporting his contention of a
racially charged atmosphere. Despite his wrongful conviction
and lengthy incarceration, he has educational and occupational
accomplishments that dispel any notion he was a criminal as well
as a harmful sex-offender.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 22 Nov 83, the applicant entered the Regular Air Force.
On 24 Jun 86, he received an Article 15, Uniform Code of
Military Justice (UCMJ) for disorderly conduct on or about 3 Jun
86, in violation of Article 134. He acknowledged receipt the
same day indicating he would not appeal. He was reduced in rank
to Airman and was officially reprimanded. His commander
indicated his intent to file the information in an Unfavorable
Information File (UIF).
On 25 Feb 88, he received notification his commander initiated
discharge actions under AFR 39-10, Airman Separation Manual,
Section H, paragraph 5-48, for having been convicted on or about
19 Jan 88, of six counts of civil offenses culminating in a 27
year imprisonment.
On 26 Feb 88, he refused to sign that he received notification
his commander was initiating discharge actions.
On 12 May 88, the Staff Judge Advocate found the unconditional
waiver request legally sufficient.
On 17 Jun 88, the separation authority approved the applicants
unconditional waiver indicating he would be discharged in
absentia at the earliest possible date.
On 20 Jun 88, the applicant was discharged under the provisions
of AFM 39-10. His service was characterized as UOTHC. He was
credited with 3 years, 6 months and 28 days of active service.
On 16 Mar 01, the Air Force Discharge Review Board (AFDRB)
denied his application to change his discharge.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 Aug 14, a request for post-service information as well as
a clemency information bulletin were forwarded to the applicant
for review and comment within 30 days.
The applicant responded by submitting additional character
letters, family information, and a current Federal Bureau of
Investigation (FBI) Report. He highlights numerous
commendations and also speaks to receiving an Article 15 for
disorderly conduct and his criminal record.
Further, he contends he has led an outstanding life post
discharge, while incarcerated and post incarceration. He
completed a business management degree and earned a Masters
degree in Information Systems. He has had a successful career
with his current employer and is a candidate for a Vice
President position in another company.
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, to include his
rebuttal response, 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,
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 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 documentary evidence pertaining to AFBCMR Docket
Number BC-02014-03299 was considered:
Exhibit A. DD Form 149, dated 14 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 19 Aug 14.
Exhibit D. Applicant Letter, dated 24 Aug 14.AF | BCMR | CY2009 | BC-2009-02632
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