RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03299 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: In Jun 1988, he was wrongfully convicted of multiple felonies whereby Air Force trial monitors failed to adequately investigate claims of racial conflict and alert his chain of command of a possible miscarriage of justice because selected jurors knew the alleged victim, her family and the investigators and there was a lack of physical evidence supporting multiple charges of sexual assault contributing to his discharge. The Board should find it in the interest of justice to consider his untimely application because ongoing developments aptly demonstrate he was wrongfully convicted. He has received the equivalent of a national pardon from the Canadian Government. He has family member support in his endeavor to obtain a pardon from the State of Florida. A previously undiscovered 1987 Ft Walton Beach incident report, unavailable during his Discharge Review Board Hearing, surfaced supporting his contention of a racially charged atmosphere. Despite his wrongful conviction and lengthy incarceration, he has educational and occupational accomplishments that dispel any notion he was a criminal as well as a harmful sex-offender. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 22 Nov 83, the applicant entered the Regular Air Force. On 24 Jun 86, he received an Article 15, Uniform Code of Military Justice (UCMJ) for disorderly conduct on or about 3 Jun 86, in violation of Article 134. He acknowledged receipt the same day indicating he would not appeal. He was reduced in rank to Airman and was officially reprimanded. His commander indicated his intent to file the information in an Unfavorable Information File (UIF). On 25 Feb 88, he received notification his commander initiated discharge actions under AFR 39-10, Airman Separation Manual, Section H, paragraph 5-48, for having been convicted on or about 19 Jan 88, of six counts of civil offenses culminating in a 27 year imprisonment. On 26 Feb 88, he refused to sign that he received notification his commander was initiating discharge actions. On 12 May 88, the Staff Judge Advocate found the unconditional waiver request legally sufficient. On 17 Jun 88, the separation authority approved the applicant’s unconditional waiver indicating he would be discharged in absentia at the earliest possible date. On 20 Jun 88, the applicant was discharged under the provisions of AFM 39-10. His service was characterized as UOTHC. He was credited with 3 years, 6 months and 28 days of active service. On 16 Mar 01, the Air Force Discharge Review Board (AFDRB) denied his application to change his discharge. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 Aug 14, a request for post-service information as well as a clemency information bulletin were forwarded to the applicant for review and comment within 30 days. The applicant responded by submitting additional character letters, family information, and a current Federal Bureau of Investigation (FBI) Report. He highlights numerous commendations and also speaks to receiving an Article 15 for disorderly conduct and his criminal record. Further, he contends he has led an outstanding life post discharge, while incarcerated and post incarceration. He completed a business management degree and earned a Master’s degree in Information Systems. He has had a successful career with his current employer and is a candidate for a Vice President position in another company. 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, to include his rebuttal response, 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, we do not find the evidence presented is sufficient for us to conclude that the applicant’s post-service activities 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. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 documentary evidence pertaining to AFBCMR Docket Number BC-02014-03299 was considered: Exhibit A. DD Form 149, dated 14 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 19 Aug 14. Exhibit D. Applicant Letter, dated 24 Aug 14.