RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02721 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was unfairly discharged from the Air Force. He was charged with fraud; however, the charges were dropped and he still received an UOTHC discharge. He was charged with fraud for claiming he was married, which he never did. Once he realized the clerk had entered his status as married, he went to rectify the error and was subsequently charged with fraud. He notified the accounting office in an attempt to correct a clerical error because he had no intention of defrauding the government. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 21 September 1977, the applicant enlisted in the Regular Air Force. On 14 December 1989, the applicant was charged with two specifications of intent to deceive, by signing AF Form 594, Authorization to Start, Stop or Change Basic Allowance for Quarters, Rent Plus and/or Variable Housing Allowance, stating he was married. He also signed the AF Form 987, Recertification of Basic Allowance for Quarters Variable/Rent Plus Housing Allowance, stating he had a dependent, which was false, both in violation of Art 107, Uniform Code of Military Justice (UMCJ). On 24 January 1990, the applicant requested discharge in lieu of trial by court-martial. On 22 February 1990, the judge advocate’s office reviewed the applicant’s request for discharge in lieu of trial by court- martial, determined it was legally sufficient, and recommended an UOTHC discharge certificate be furnished. On 22 February 1990, the General Court-Martial Convening Authority approved the applicant's request for discharge in lieu of trial by court-martial with an UOTHC. On 2 March 1990, the applicant was discharged in the grade of technical sergeant with an UOTHC discharge. He served 12 years, 5 months and 12 days. On 8 August 1991, the applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting a change in his discharge. The AFDRB concluded that a change in the discharge was not warranted. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 14 December 2010, a request for information pertaining to his post-service activities and a copy of the FBI report were forwarded to the applicant for response within 30 days (Exhibit D). The applicant responded stating that prior to his discharge, his military performance was exemplary. He worked on his college education and progressed through the ranks at a fairly rapid pace, making technical sergeant within eight years and had a line number for master sergeant. He earned the Air Force Commendation Medal, the Air Force Good Conduct Medal, the Air Force Longevity Service Ribbon, the Air Force Outstanding Unit Award and the USAF Basic Military Training and Honor Graduate Ribbon. After leaving the military, he was employed as a computer network engineer and traveled the United States and other countries. In 2000, he volunteered in a school district as a designer and maintainer for the sports website. He also attended Alcoholics Anonymous (AA) and served as a sponsor for AA. Lastly, he volunteered to assist the Girl Scouts of America. In 2001, he had to stop working due to a chronic illnesses, Post Traumatic Stress Disorder (PTSD) and depression. He has been granted a 70 percent disability rating from the Department of Veterans Affairs and Social Security Disability. The applicant’s complete response is at Exhibit E. ________________________________________________________________ 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 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that 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-2010-02721 in Executive Session on 3 February 2011, under the provisions of AFI 36-2603: The following documentary pertaining to AFBCMR Docket Number BC- 2010-02721 was considered: Exhibit A. DD Form 149, dated 26 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation, dated 13 Aug 10. Exhibit D. Letter, AFBCMR, dated 14 Dec 10, w/atch. Exhibit E. Letter, Applicant, undated.