RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04790 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions discharge be upgraded to General (Under Honorable Conditions). APPLICANT CONTENDS THAT: He served his country honorably for more than 16 years and one mistake for which he has more than paid the price has impacted his entire life. His characterization of service has resulted in his unemployment and homelessness. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 12 Sep 73. On 28 Mar 90, the applicant was notified by his commander that he was recommending him for discharge for misconduct through a commission of a serious offense - indecent act with assault upon a child under the age of 16, in accordance with AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship, Chapter 5, paragraph 5-49a(3). The applicant acknowledged that if approved, this action could result in an Under Other Than Honorable Conditions discharge. In a subsequent letter the applicant waived his right to a hearing. The Staff Judge Advocate reviewed the discharge package and found it legally sufficient and the Commander, Headquarters Sacramento Air Logistics Center, directed the applicant be discharge with an Other Than Honorable Conditions discharge. The applicant was furnished an Under Other than Honorable Conditions discharge, and was credited with 16 years, 7 months, and 17 days of active service. On 4 Jun 93, the Air Force Discharge Review Board reviewed the applicant’s appeal; however, complete copies of the decisional documents are not available. A request for post-service information was forwarded to the applicant on 26 Nov 14 for review and comment within 30 days. As of this date, no response has been received by this office. 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 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, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service are sufficiently meritorious to 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. 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-2014-04790 in Executive Session on 25 Aug 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04790 was considered: Exhibit A. DD Form 149, dated 19 Nov 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 26 Nov 15.