RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03755

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

The narrative reason for separation “misconduct—other serious offenses” be removed from his DD Form 214, Certificate of Release or Discharge from Active Duty.  


APPLICANT CONTENDS THAT:

His record should be corrected based on clemency.  Since separating from the service he has furthered his education, and has held key IT positions with four major companies.  Additionally, he does volunteer work with an organization assisting foster children.  The narrative reason for separation on his DD Form 214 has caused him to be denied the Department of Veteran’s Affairs (DVA) benefits towards a home purchase.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Aug 86.

On 21 Aug 87, the applicant received a letter of reprimand (LOR) for disobeying a lawful order.

On 29 Sep 87, the applicant received a LOR for improper military bearing and insubordination.  

On 8 Oct 87, the applicant received an Article 15 for violation of Article 86, UCMJ, to wit: failure to go.

On 19 Jan 88, a special court-martial convicted the applicant for violation of Article 113, UCMJ, to wit: misbehavior of a sentinel.  

On 30 Mar 88, the applicant was furnished a general discharge and was credited with 1 year, 6 months, and 14 days of active service.  

On 8 Oct 14, SAF/MRBR sent the applicant the Upgrade of Discharge – Clemency Information Bulletin (Exhibit C).  

On 20 Oct 14, the applicant submitted his request to have his records corrected based on clemency (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, to include the letter he submitted requesting clemency.  In the interest of justice, we considered upgrading the discharge based on clemency; however, the post-service evidence presented by the applicant consisted of the results of an FBI Background Check identifying his arrest on 25 Dec 07.  Additionally, he only provided a personal account of his post-service activities, lacking any objective information pertaining to his contributions to his community, or character references vouching for his honesty and integrity; accordingly, we did not find the evidence presented was sufficient for us to conclude that the applicant’s post-service activities warrant changing the narrative reason for separation “misconduct—other serious offenses”.  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-2014-03755 in Executive Session on 16 Jun 15 under the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03755 was considered:

	Exhibit A.  DD Form 149, received 15 Sep 14, w/atchs.		
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 8 Oct 14, w/atch.
	Exhibit D.  Letter, Applicant, dated 20 Oct 14, w/atch.