RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04856

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to a General (Under Honorable Conditions) discharge. 

APPLICANT CONTENDS THAT:

Since his discharge he has not been in trouble and has led his life as he should have those many years ago.  The error of his ways in his earlier years should be forgiven. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Sep 84.

According to documents extracted from his military personnel record:

On or about 1 Aug 94 through 31 Oct 94, the applicant arbitrarily discriminated against two female airman by making sexual overtures to them.  For this he received a Letter of Reprimand (LOR), dated 21 Mar 95, with an Unfavorable Information File (UIF).

Under Special Court Martial Order No. 1, dated 1 Jun 95, the applicant pled guilty and was found guilty of wrongfully using marijuana on or about 1 Oct 94 through 28 Oct 94.  

On 5 Jun 95, the applicant’s commander initiated action to separate the applicant with a UOTHC discharge.  The applicant acknowledged receipt of the notification to discharge and waived his right to an Administrative discharge Board (ADB).  The discharge action was reviewed and determined to be legally sufficient. 

On 17 Jul 95, the discharge authority directed the applicant be discharged with a UOTHC discharge. 

On 5 Feb 95, the applicant was furnished an Under Other Than Honorable discharge, with a narrative reason for separation of “Misconduct,” and was credited with 10 years, 10 months, and 6 days of active service.   

On 9 Mar 16, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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, the documentation the applicant submitted concerning his post-service activities was insufficient for the Board to determine his 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 requested relief.

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-2015-04856 in Executive Session on 20 Apr 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 9 Mar 16, w/atch.

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.