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