RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02141

  CHARLES E. PAPP	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

All charges against him have been dismissed and his record has been expunged by the Greene County District Attorney for the State of Ohio.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Regular Air Force major.  

According to DD Form 458, Charge Sheet, the applicant was changed with:

	Charge I, Violation of the Uniformed Code of Military Justice (UCMJ) and four (4) Specifications, which are as follows:

	Specification 1:  On or about 28 Oct 87, with the intent to deceive, he dishonorably made an official statement that he was going into the hospital for surgery the next day, which statement was false.

	Specification 2:  On or about 7 Nov 87, he dishonorably, willfully and unlawfully altered a public record by changing the length of absence request from 12 Nov 87 to 22 Nov 87.

	Specification 3:  On or about 23 Nov 87, with the intent to defraud, he dishonorably and falsely signed a Report of Individual Personnel (RIP) to reflect a lieutenant colonel’s signature.

	Specification 4:  On or about 24 Nov 87, with the intent to defraud, dishonorably and falsely altered an AF Form 422, Physical Profile Serial Report.

	Charge II, Violation of UCMJ, Article 86, Specification:  On or about 13 Nov 87, without authority, absent himself from his organization until 30 Nov 87.

	Charge III:  Violation of the UCMJ, Article 134, Specification:  On or about 6 Jan 88, he wrongfully tried to impede an investigation in his case by removing an AF Form 422 from his medical records.

On 13 Jan 89, the applicant received an under other than honorable conditions (UOTHC) discharge with a narrative reason of “VOL RESIGN:  CONDUCT TRIABLE BY OR ILO COURT-MARTIAL” after serving 20 years, 5 months, and 21 days of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICANT’S REVIEW OF CLEMENCY BULLETIN.  The Board sent a copy of the Clemency Bulletin to the applicant for comment (Exhibit C), but has received no response.  

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  The discharge was not unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02141 in Executive Session on 1 Aug 18:

	, Panel Chair
	, Member
	, Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, undated.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 pertaining to Docket Number BC-2017-02141.