RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02846

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His request is based upon his level of maturity since his time in service.  Over the years, he has come to realize the mistakes he made in life, has asked for forgiveness where possible, and is ready to move forward.

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

STATEMENT OF FACTS:

On 28 Nov 77, the applicant initially entered the Regular Air Force.

On 28 Oct 80, the applicant was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for, on or about 9 Oct 80, willfully disobeying an order from a superior noncommissioned officer, in violation of Article 91 of the UCMJ.  The applicant was reduced in grade to Airman First Class, suspended until 18 May 81, and ordered to forfeit $50 per month for 2 months.

On 22 May 81, the applicant was given non-judicial punishment under Article 15 of the UCMJ for, on or about 9 May 81, without authority absenting himself from his organization, and did remain so absent until on or about 12 May 81, in violation of Article 86 of the UCMJ.  The applicant was ordered to perform 30 days extra duty and to forfeit $50.

On 10 May 84, the applicant was given non-judicial punishment under Article 15 of the UCMJ for, on or about 5 May 84, operating a passenger vehicle while drunk, in violation of Article 111 of the UCMJ.  The applicant was reduced in grade to Sergeant, suspended until 15 Nov 84, and ordered to forfeit $125 per month for 2 months.

On 22 Mar 89, the applicant pled Nolo Contendre to two counts (Counts I and II) of attempted sexual battery without force, and one count (Count III) of battery upon a minor.  Adjudication of guilt and imposition of sentence was withheld and the applicant placed on probation for a period of five years for Counts I & II, and one year for Count III, each count concurrent as adjudicated in the Circuit Court of Okaloosa County, Florida.

On 3 Jul 89, the applicant was furnished an Under Other Than Honorable Conditions discharge, with Narrative Reason of Misconduct-Civilian Conviction, Separation Program Designator (SPD) code GKB, Reenlistment Code 2B, and was credited with a total of 11 years, 7 months, and 0 days active service.  Applicant had 5 days time lost.

On 3 Jun 91, the Secretary of the Air Force, through the Discharge Review Board, denied the applicant’s request to upgrade his discharge to Honorable.

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, there was no evidence presented to warrant recommending granting relief on that basis.  Therefore, we find no basis to recommend granting the relief sought by the applicant.  

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-2016-02846 in Executive Session on 20 Mar 18 under the provisions of AFI 36-2603:

, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02846 was considered:

	Exhibit A.  DD Form 149, dated 8 Jul 18, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Letter, SAF/MRBC Clemency, dated 18 Apr 17,
w/atch.
	Exhibit D.  Report, FBI, dated 21 Jul 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-02846, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.