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AF | BCMR | CY2014 | BC 2014 03392
Original file (BC 2014 03392.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03392

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable.


APPLICANT CONTENDS THAT:

He was informed at the time of his discharge hearing that there 
was no substantial evidence of any wrong doing and was pending 
action from civilian authorities.  His lawyer at the time told 
him he needed to present his discharge to the Department of 
Veteran Affairs (DVA) after five years from his discharge and it 
would be upgraded.  He would like to receive medical benefits 
for injuries he sustained on the flight line.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
9 May 94. 

On 19 Mar 96, the applicant was notified of his commander’s 
intent to recommend his discharge for Minor Disciplinary 
Infractions and Commission of a Serious Offense.  The reasons 
for these actions are as follows:  On 14 Feb 96, the applicant 
received a Letter of Reprimand (LOR) for failure to obey a 
lawful general regulation to comply with the dress and personal 
appearance standards.  On 16 Feb 96, the applicant received a 
LOR for wrongfully obtaining a meal, of some value, from the 
United States Air Force through false pretenses by signing on 
the Subsistence-in-Kind roster when he knew he was receiving 
Basic Allowance for Subsistence (BAS) and was not entitled to 
Subsistence-in-Kind.  On 3 Jan 96, as evidenced by a Police 
Department Offense Report, assaulted two females under the age 
of 16 by pointing a B.B. pistol at them and orally communicated 
to both females certain indecent language.  On 3 Jan 96, the 
applicant received a LOR for making a false official statement 
as to his whereabouts.  On 3 Jan 96, the applicant received a 
LOR for making a false official statement that he had a medical 
appointment when he did not.  On 31 Jan 96, as evidenced by a 
Police Department Offense Report, the applicant engaged in 
disorderly conduct in that he asked an 11 year old girl who was 
a stranger to him, if she wanted to go home with him and then 
offered to pay her $200.00 to go home with him.  On 5 Dec 95, 
the applicant received a LOR for failure to go at the time 
prescribed to his appointed place of duty.  On 6 Nov 95, the 
applicant received a Letter of Counseling (LOC) for failure to 
wear his uniform to his appointment to the orderly room as he 
was directed to do.  

On 18 Apr 86, the commander revised his original notification 
letter of discharge by adding three LOR’s for failure to 
maintain body fat standards, a LOC for being late on a 
MasterCard payment and an LOC for failure to progress in his 
skills and competence in his military department.  These were 
appended to the Commander’s Recommendation to the Wing 
Commander.  They are not referenced as a basis for the discharge 
processing or service characterization.  However, they are part 
of his military record and may be considered on the issue of 
whether discharge is appropriate.  

On 8 Aug 96, the applicant was furnished a UOTHC discharge and 
was credited with 1 year, 10 months, and 27 days of active 
service.   

On 24 Aug 14, a request for post-service information was 
forwarded to the applicant for review and comment 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 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-2014-03392 in Executive Session on 14 May 15, under 
the provisions of AFI 36-2603:

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03392 was considered:

	Exhibit A.  DD Form 149, dated 18 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 24 Aug 14.
	

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