RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02843

		COUNSEL: NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He believes, as his command did at the time of his discharge, that his service was exemplary and honorable.  

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

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 24 Mar 99.

On 17 Mar 03, the applicant’s commander notified him that he was recommending his discharge from the Air Force for an action 
tantamount to a finding of guilty by civilian authorities.  The reasons for the action were as follows:

	a.  On 27 Feb 03, the applicant entered a Pre-trial Diversion Agreement, wherein he acknowledged there was strong 
evidence indicating that on 25 Jul 00, he used an interactive computer service to transport obscene matter, specifically 
images of child pornography.  The prosecution of the offense was deferred for 12 months and he agreed to a number of conditions, 
which, if fulfilled, would result in the dismissal of charges at the end of the 12-month deferral period.

	b.  On 13 Nov 02, the applicant was indicted on one count 
of transportation of obscene matter, specifically images of 
child pornography.

On 9 Apr 03, the applicant was furnished a UOTHC discharge with 
a narrative reason for separation of “Administrative Discharge.” 
He was credited with 4 years and 15 days of total active 
service.

On 1 Mar 05, the Air Force Discharge Review Board (AFDRB) 
reviewed the applicant’s request to upgrade his discharge, but 
denied the request indicating the discharge was consistent with 
the procedural and substantive requirements of the discharge 
regulation and was within the discretion of the discharge 
authority.  Additionally, the applicant was provided full 
administrative due process and there was no legal or equitable 
basis to upgrade the discharge.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating there is no evidence of 
an error or an injustice.  Based on the documentation on file in 
the master personnel records, the discharge, to include the 
service characterization, was appropriately administered and 
within the discretion of the discharge authority.  While the 
applicant’s desire to serve his country is admirable; it does 
not change the serious nature or basis (child pornography) for 
which he was discharged and the applicant has not provided any 
evidence of an error or injustice to warrant the requested 
change to his character of service.  The applicant’s separation 
code of “JKN” should be corrected to reflect “JKB” and narrative 
reason for separation should be corrected to reflect “Misconduct 
– (Civil Conviction),” instead of “Administrative Discharge.” 
The applicant’s character of service should not change.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 18 Oct 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 agree with the opinion and 
recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice.  We note the Air Force OPR has verified the applicant’s records 
erroneously reflect a separation program designator (SPD) code and narrative reason for separation of “JKN” and “Misconduct – 
(Civil Conviction),” respectively, and will correct his records administratively.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting any relief beyond that rendered administratively.
________________________________________________________________

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-2013-02843 in Executive Session on 18 Mar 14, under the provisions of AFI 36-2603:

		                     , Panel Chair
		                     , Member
		                     , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Apr 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPFD, dated 22 Aug 13.
	Exhibit D.  Letter, SAF/MRBR, dated 18 Oct 13.
3 4