RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00741

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

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

His separation code be changed.

His reenlistment code be changed.


APPLICANT CONTENDS THAT:

His discharge was inequitable and based on one incident of 
failure.  Since discharge he has had no further incidents, been 
a good citizen, worked steady for 25 years and had no record of 
criminal activities. 

He is a good person in a lot of pain that needs to be addressed.  
Upgrading his character of discharge will give him peace of mind 
and facilitate medical benefits through the Department of 
Veterans Affairs.  He implores the board to consider his plea.   

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 5 Mar 
85.

On 31 May 85, the applicant received an Article 15, Nonjudicial 
Punishment, for violating Article 92, disobeying a lawful 
general regulation by drawing and aiming a weapon when it’s 
authorized use did not appear imminent.  He received a reduction 
of grade to airman first class and forfeiture of $189 dollars a 
month for one month. 

On 3 February 1989, the applicant requested discharge in lieu of 
trial by court-martial, indicating that after consulting with 
legal counsel, he understood that if his request were approved, 
he could be discharged under other than honorable conditions and 
that it could deprive him of veterans benefits.

On 17 March 1989, the applicant was discharged in lieu of trial 
by court-martial on charges of committing indecent acts with a 
female under 16 years of age and taking indecent liberties with 
a female under 16 years of age, based on an ongoing series of 
illicit acts with his twelve-year-old step-daughter.  He was 
credited with 4 years and 12 days of active service.   

A request for post-service information was forwarded to the 
applicant on 28 Apr 14 for review and comment within 30 days.  
As of this date, no response has been received by this office.


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 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 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, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service are sufficiently meritorious to overcome the misconduct 
for which he was discharged. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought. 


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-2014-00741 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin - Clemency.