RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04094

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Dishonorable discharge be upgraded to something other than Dishonorable.  

APPLICANT CONTENDS THAT:

His first term of enlistment was Honorable and that fact should be considered, resulting in his second term being upgraded from Dishonorable. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Jun 81.

On 22 May 87, the applicant’s commander punished him through non-judicial punishment (NJP), Article 15 of the Uniform Code of Military Justice (UCMJ), for violating UCMJ Article 134 by wrongfully opening and stealing mail material addressed to a commanding officer.  For this action, the applicant was sentenced to a reduction in grade to Airman First Class (A1C), suspended through 20 Nov 87, and 30 days of confinement in correctional custody.  

On 1 Sep 87, the applicant’s commander vacated the suspended reduction in grade to A1C because the applicant issued a check for $26.61 for which he dishonorably failed to maintain sufficient funds for payment.  For this action, he was reduced in grade to A1C, with an effective date of rank of 22 May 87. 

On 11 Sep 87, the applicant’s commander again punished him through NJP for violating UCMJ Article 134 for failing to pay a debt of $150.00 during the period 16 Aug 87 through 1 Sep 87, and failing to pay a debt of $107.00 during the period 4 Aug 87 through 1 Sep 87.  

Under General Court-Martial Order No. 53, dated 9 Mar 88, the applicant pled guilty and was found guilty of violating Article 125 of the UCMJ for forcible sodomy with an enlisted female on or about 18 Sep 87.  For this action, he was sentenced to a Dishonorable discharge, forfeiture of all pay and allowances, reduction in grade to Airman Basic, and confinement for 8 years.  

On 8 Sep 88, the applicant was furnished a Dishonorable discharge, with a narrative reason for discharge of “Conviction by Court-Martial (Other than Desertion),” after serving 9 years, 11 months, and 5 days of total active service. 

On 18 Nov 13, a request for post-service information was forwarded to the applicant for review and comment within 30 days. (Exhibit C) 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 timely filed.

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 following members of the Board considered AFBCMR Docket Number BC-2015-04094 in Executive Session on 15 Dec 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04094 was considered:

	Exhibit A.  DD Form 149, dated 21 Sep 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 2 May 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.