RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03673

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

During his time in service, his ratings and proficiency were very high.  He was an honor graduate at technical school and completed his seven-level occupational training as an airman first class in which he received an award for outstanding achievement.  He also participated in several exercises and was awarded letters of appreciation.  He was promoted immediately upon eligibility and even oversaw training of higher-ranking enlisted men who had transferred to our occupation.  He always carried out his duties in a very professional manner.

His discharge was a result of severe marital problems.  Due to his young age and lack of maturity, he was unable to deal with the situation.  In addition, he was lacking the support of friends and family since he was so far from home.  

Since his discharge, he has accomplished many things.  Educationally, he has received his AAS in Heating and Air Conditioning, a Bachelor of Science in Workforce Education and Development and attended many seminars covering a variety of subjects.

In support of his request, he submits a copy of DD Form 214, copies of reference letters supporting post-service activities, and academic certificates.

Applicant’s complete application, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 30 March 1984.  The applicant was involuntarily discharged under the provision of AFR 39-12 (misconduct-other serious offenses) with service characterized as under other than honorable conditions (UOTHC) on 9 April 1986 in the grade of airman first class.  He served two years, and seven days of active service.

On 25 February 1986, applicant's commander recommended discharge due to a commission of a serious offense.  On 20 December 1985, he battered his wife and was subsequently charged with assault. The member received an Article 15 with a suspended reduction to airman and 30 days correctional custody.  On       10 February 1986, he assaulted his wife by stabbing her in the chest, back and head with a kitchen knife, intending to commit grievous bodily harm or murder.  On 19 February 1986, the suspended reduction was vacated.

On 5 March 1986, after consulting with military legal counsel, the applicant submitted a conditional waiver for a general discharge that was rejected.  On 14 March 1986, he submitted an unconditional waiver that was approved on 4 April 1986.  

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  Based on the documentation in the file, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  While the applicant did submit several character references, he did not submit any new evidence or identify any errors or injustices that occurred in the discharge proceedings.  The applicant provided no facts warranting an upgrade of the discharge.

AFPC/DPPRSP complete evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 December 2003, for review and comment within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his discharge should be upgraded.  Applicant’s contentions and supporting documentation were duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the evidence of record.  We agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice.   Therefore, in absence of evidence to the contrary, we find no basis to recommend granting the relief sought.  While the evidence provided indicates that the applicant has made a successful post-service adjustment, and notwithstanding his otherwise good service record, in view of the extreme seriousness of the offense he committed (assaulting his wife by stabbing her in the chest, back and head with a kitchen knife, intending to commit grievous bodily harm or murder) we do not believe that clemency is warranted at the present time.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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.

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The following members of the Board considered Docket Number BC2003-03673 in Executive Session on 20 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 28 Oct 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRSP, dated 2 Dec 03.
	Exhibit D.	Letter, SAF/MRBR, dated 19 Dec 03.