RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00016 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _______________________________________________________________ APPLICANT CONTENDS THAT: The discharge was a result of a personal encounter with a higher-ranking officer, not his inability to serve his country in an honorable way. The Board should consider it in the interest of justice to consider his application. He is 40 years old and has a family. He wants to instill in his children the importance of doing what is right. As an impressionable 18 year old, he joined the Air Force upon graduation from high school. By not using his better judgment, he made a mistake in which he holds himself responsible. In accepting the general discharge, he was not aware that it would limit his ability to serve in state services. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 24 Jun 91, the applicant entered active duty. According to AF Form 386, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 27 May 92, the applicant was reduced to the grade of Airman Basic (AB, E-1) for wrongfully having sexual intercourse with a married woman, not his wife. According to AF Form 3070, Record of Nonjudicial Punishment Proceedings, he received an Article 15 on 5 Jun 92 for failure to go to his appointed place of duty. On 22 Jun 92, he was discharged with service characterized as general (under honorable conditions) with a narrative reason for separation of “Misconduct-Pattern Conduct Prejudicial to Good Order and Discipline.” He served 11 months and 28 days on active duty. Pursuant to the Board’s request, on 12 Mar 14, the Air Force Office of Special Investigation (OSI) confirmed a criminal history investigation does exist. On 28 Apr 14, SAF/MRBR provided the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ 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. ________________________________________________________________ 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- 2014-00016 in Executive Session 9 Oct 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 Dec 13. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Post Service Information Bulletin