RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02872 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under honorable conditions (general) discharge be upgraded to 
honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The young lady did not tell the truth about what happened. The 
court case was dismissed. Had this case gone to a court, it 
would have been resolved in his favor. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 20 Dec 85, the applicant contracted his initial enlistment in 
the Regular Air Force. 

 

On 28 Sep 88, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for misconduct 
(sexual deviation). The specific reason for the discharge action 
was the applicant was arrested by civil authorities for criminal 
sexual conduct with a minor. 

 

His commander advised him of his rights in this matter and, after 
consulting with legal counsel, the applicant submitted a 
conditional waiver of his right to an administrative discharge 
board contingent upon his receipt of at least a general (under 
honorable conditions) discharge. 

 

On 5 Oct 88, the legal office reviewed the case and found it 
legally sufficient and recommended the discharge authority accept 
the applicant’s conditional waiver, and that he be separated with 
a general discharge. 


The discharge authority concurred with the findings and 
recommendations and directed the applicant be furnished a general 
discharge without probation and rehabilitation. 

 

The applicant was discharged on 13 Sep 88 and he was credited 
with 6 years, 2 months, and 19 days of active service. 

 

On 18 Oct 11, a request for post-service information was sent to 
the applicant for review and comment within 30 days (Exhibit D). 
In response, the applicant provides an expanded statement 
indicating the allegations of misconduct against him were made 
fraudulently, therefore resulting in the court dismissing the 
case. He has not been accused or arrested since that time and 
has made numerous positive contributions to his family, 
community, and profession since leaving the service. In support 
of his response, the applicant provides an expanded statement and 
a copy of his resume. 

 

The applicant’s complete response, with attachment, is at 
Exhibit E. 

 

_________________________________________________________________ 

 

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 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-2011-02872 in Executive Session on 22 Feb 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 25 Jul 11, w/atch. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 18 Oct 11, w/atch. 

 Exhibit D. Letter, Applicant, dated 24 Oct 11, w/atch. 

 

 

 

 

 

 Panel Chair