RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04047 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 a victim of being harassed sexually, emotionally, mentally, and physically. In support of his appeal, the applicant provides a personal statement; and, copies of a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; his DD Form 214, Certificate of Release or Discharge from Active Duty; a resume; and a personal background paper. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 8 June 1987 and was promoted to the grade of sergeant (E-4) effective 22 November 1989. On 11 March 1994, the applicant was informed that his commander preferred charges against him for seven specifications of indecent acts and indecent language in violation of Article 134, Uniform Code of Military Justice; and, that his case was being referred for hearing by a general court-martial. On 6 April 1994, the applicant was notified that his Enlisted Performance Report rendered for the period 17 December 1992 through 12 February 1994 was being referred based on the fact that a Social Actions Equal Opportunity and Treatment (EOT) investigation concluded that he sexually harassed a coworker. On 19 May 1994, the applicant requested discharge in lieu of trial by court-martial indicating that he understood that if his request was approved, he may be discharged with a UOTHC discharge. On 1 July 1994, his commander recommended the applicant’s request be approved. Following review and concurrence by the Staff Judge Advocate, the discharge authority approved the applicant’s request for discharge in lieu of court-martial submitted under the provisions of Air Force Regulation 39-10, Chapter 4, Paragraph 4-1b, and directed he be separated with a UOTHC discharge without probation and rehabilitation. On 10 June 1994, the applicant was discharged from active duty with a UOTHC discharge. He served seven years and three days on active duty. Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant. On 5 January 2011, the applicant was given an opportunity to submit comments about his post service activities (Exhibit C). In response, the applicant provided a brief autobiography and two character references. A complete copy of the applicant’s response is at Exhibit D. _________________________________________________________________ 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 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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 AFBCMR Docket Number BC-2010-04047 in Executive Session on 19 July 2011, under the provisions of AFI 36-2603: r The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-04047 was considered: Exhibit A. DD Form 149, dated 25 Oct 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 5 Jan 11, w/atch. Exhibit D. Letter, Applicant, not dated, w/atchs.