RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02422
			COUNSEL:  NONE
			HEARING DESIRED: NO

	 

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APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded 
to honorable or as an alternative it be upgraded to general 
(under honorable conditions).

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APPLICANT CONTENDS THAT:

He was wrongfully accused of gun violence.  His chain of command 
did not objectively look at his case, but rather focused on 
forcing him out of the service to avoid negative media 
attention.  Although he was successful in getting his request 
for discharge approved in lieu of court-martial, he insists he 
is innocent of the allegation made against him, which was 
“defense of others”.  Once he was discharged he continued with 
his life and did not look back; however, now he has children and 
would like to be able to tell them that he served our country 
honorably.  His discharge classification is also an impediment 
to employment with the Veterans Affairs (VA) and the Federal 
Aviation Administration.


In support of his request, the applicant provides a letter of 
support from the Dishman Military Advocates, excerpts from his 
military records, and excerpts from the Oklahoma Police 
Department.

His complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant received an under other than honorable conditions 
discharge on 28 Jan 84.  The applicant’s commander notified him 
that he was recommending him for discharge for being charged 
with assaulting two civilians with a dangerous weapon.  After a 
legal review, the Staff Judge Advocate found his case legally 
sufficient and the applicant was discharged after serving 
11 years, 8 months, and 25 days on active duty.

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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.  
The applicant has provided no evidence which would lead us to 
believe the characterization of his 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 insufficient evidence submitted to 
compel us 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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-02422 in Executive Session on 28 Jan 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member





The following documentary evidence for AFBCMR Docket Number BC-
2013-02422 was considered:

    Exhibit A.  DD Form 149, dated 10 may 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.




                                   
                                   Panel Chair