RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00926 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to a general (under honorable conditions) discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He made a serious judgment mistake due to poor impulse control and this resulted in his discharge. He will be forever ashamed of his actions; however, he has since learned to be more patient and is now a mature person. He has devoted the last 20 years of his life to teaching youth from inner city areas the principles and philosophy of taekwondo so they can make more mature and healthy decisions than he did in his youth. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, NA Form 13041, Statement of Service, and letters of support. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: During the contested period, the applicant entered the Regular Air Force on 2 Apr 85. He had three previous enlistments with honorable discharges. On 5 Jun 89, the applicant was notified of pending discharge action. Specifically, the commander cited misconduct, conduct prejudicial to good order and discipline, as the basis for discharge. The applicant’s misconduct included an Article 15, Record of Nonjudicial Punishment, for failure to obey a lawful order; two Letters of Reprimand for being absent without authority from his unit and attempting to cover up a government motor vehicle accident and trying to conceal the damage by attempting to fix the vehicle; a civilian arrest for soliciting a male undercover policeman to commit an indecent sexual act for money; two instances of failure to report to his appointed place of duty without authority, and failure to remain on standby duty. The applicant consulted counsel, waived his rights to an administrative discharge board hearing, and submitted statements in his own behalf. He offered an unconditional waiver for the suspension of his discharge for a period of probation and rehabilitation. The staff judge advocate found the case legally sufficient and recommended discharge without probation and rehabilitation. On 7 Jul 89, the discharge authority directed discharge. The applicant was discharged on 19 Jul 89 with a UOTHC discharge. He was credited with 12 years, 1 month, and 26 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI) provided an investigative report which is at Exhibit C. On 10 Sep 10, a copy of the FBI report and a request for post-service information was forwarded to the applicant for review and response within 30 days (Exhibit D). In response to the Board’s request, he states the FBI report contains inaccurate information regarding his social security number, birth date, and arrest locations. He states he never lived in nor has he been to Florida and his birthplace was in Arkansas. He provides additional support letters and employment verification in his request for clemency. The applicant's complete response, with attachments, is at Exhibit E. Based on the applicant’s response to the Board’s request, a new FBI report was ordered; however, the report reflected the same information as the original FBI report (Exhibit F). _________________________________________________________________ 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 an injustice. We find no impropriety in the characterization of applicant's discharge. It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence which indicates pertinent regulations were violated or the applicant was not afforded all the rights to which he was entitled at the time of his discharge. Therefore, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. Further, although the applicant states he has been a productive member of society and has provided a letter of explanation regarding the charges referred to in the FBI report, the Board finds these statements insufficient to warrant an upgrade of his discharge on the basis of clemency. In view of the above and absent any evidence to the contrary, we find no basis to warrant favorable action on this application. _________________________________________________________________ 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 Docket Number BC-2010-00926 in Executive Session on 26 October and 2 December 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 14 Jul 10. Exhibit D. Letter, AFBCMR, dated 10 Sep 10, w/atch. Exhibit E. Letter, Applicant, dated 30 Sep 10, w/atchs. Exhibit F. FBI Report, dated 28 Oct 10.