RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04742 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _______________________________________________________________ APPLICANT CONTENDS THAT: He was told that he could ask for an upgrade of his discharge after 6 months. He was a victim of an attempted rape and was molested while assigned at Griffiss AFB, NY. He did not receive any help or counseling. After the trial he was transferred to another unit and worked in the base post office. He had to deliver mail daily to his previous orderly room and see the man who attempted to rape and molest him. He was left to fend for himself and all he wanted was to get out of the Air Force no matter how. The Board should find it in the interest of justice to consider the application as he is seeking employment with the US Postal Service and would like his discharge upgraded. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 25 Oct 88, the applicant entered active duty. On 26 Dec 91, he was discharged with service characterized as general (under honorable conditions) with a narrative reason for separation of “Misconduct - Pattern of Minor Disciplinary Infractions.” He served 3 years, 2 months and 2 days on active duty. Pursuant to the Board’s request, on 27 Jan 14, the Air Force Office of Special Investigation (OSI) confirmed a criminal history investigation does exist. Per the National Archives Records Administration (NARA), his records were checked out to the Department of Veterans Affairs (DVA) on 22 Oct 13 and are unavailable. In a response to a request for post-service information, the applicant provides an e-mail dated 24 Jul 14 which states he was sexually assaulted while in the Air Force. After reporting the assault he was treated differently and not provided any help. He felt lost and wanted out of the Air Force. He started getting into trouble in his new squadron and received an Article 15 for throwing away bulk mail. He had a choice of getting out of the Air Force or reenlisting to take orders to Korea. He was told if he took the discharge he could collect unemployment and request his discharge be upgraded after 6 months. Over the next 20 years, he turned to drinking and abusing drugs to deal with the sexual assault and feelings of abandonment by his superiors. He finally sought help and was diagnosed with Post Traumatic Stress Disorder (PTSD) and now receives 100 percent disability compensation from the DVA. He was hired for a postal position but was denied employment after the US Postal Service learned he did not disclose the Article 15 and the trouble he had gotten into while in the Air Force. He does not know if his mind and spirit will ever be as it once was before the trauma but he is trying to put the pieces of his life back together and getting his discharge upgraded would be a major step. In support of his request, the applicant provides a copy of the DVA rating decision. The applicant’s complete response, with attachment, is at Exhibit C. ________________________________________________________________ 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. 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 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. 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 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 material error or injustice; that 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 Docket Number BC- 2013-04742 in Executive Session 7 Aug 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Oct 13, w/atch. Exhibit B. Letter, AFBCMR, dated 11 Jul 14, w/atch. Exhibit C. E-mail, Applicant, dated 24 Jul 14, w/atch.